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Negligence › Breach of Contract › Policy Exclusions

Rivkin Radler LLP

May 2025 Insurance Update

Rivkin Radler LLP on

We touch upon several issues in this month’s update. Negligent breach of contract: Courts recognize that a CGL policy does not cover breach of contract claims. But where the insured is accused of negligently performing its...more

Clark Hill PLC

UK High Court ruling underscores cost of broker negligence and clarifies effects of “other insurance” clauses in overlapping...

Clark Hill PLC on

A recent ruling from the High Court of Justice (a trial level court) in London, highlights the serious consequences of professional negligence in insurance broking and clarifies how “other insurance” clauses interact with one...more

Marshall Dennehey

Adequate Notice Requires More Than the Delivery of a Policy

Marshall Dennehey on

Key Points: Supreme Court of Idaho on December 31, 2024, reversed and remanded district court’s grant of summary judgment in favor of builder who asserted negligence claims against its insurance company and sought damages...more

Jaburg Wilk

Arizona Supreme Court Holds Contractual Liability Exclusion Does Not Apply to Breach of Duty to Reasonably Construct Home

Jaburg Wilk on

The Holding - In Teufel v. Am. Family Mut. Ins. Co., 244 Ariz. 383, 419 P.3d 546 (2018), the Arizona Supreme Court recently held that a Contractual Liability Exclusion in homeowner policies did not apply to a claim for...more

Carlton Fields

Georgia Federal Court Rules on Questions of Efficient Proximate Cause, Manifestation/Continuous Trigger and Pro Rata Allocation of...

Carlton Fields on

In ACE American Ins. Co. v. Exide Technologies, Inc. and The Wattles Co., No. 1:16-CV-1600-MHC (N.D. Ga. Sept. 20, 2017), the Federal District Court for the Northern District of Georgia applied a continuous trigger theory to...more

Carlton Fields

Shot Through the Heart, But the Excess Carrier Isn’t to Blame: Georgia Federal Court Finds Policy’s Broad Firearms Exclusion Bars...

Carlton Fields on

On June 1, 2017, the U.S. District Court for the Northern District of Georgia granted summary judgment in favor of AIG Specialty Insurance Co. in a case involving the application of the firearms exclusion in Powe v. Chartis...more

Carlton Fields

Georgia Federal Court Finds Policy’s Broad Firearms Exclusion Bars Coverage

Carlton Fields on

The U.S. District Court for the Northern District of Georgia granted summary judgment in favor of AIG Specialty Insurance Co. in a case involving the application of the firearms exclusion in Powe v. Chartis Specialty...more

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