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Policy Exclusions Endorsements Insurance Litigation

Carlton Fields

Seventh Circuit Affirms Broad Reading of CGL Policy’s “Radioactive Matter Exclusion” to Include EMF Radiation

Carlton Fields on

On July 9, 2025, in Hammond Power Solutions Inc. v. National Union Fire Insurance Co., the Seventh Circuit Court of Appeals affirmed the district court’s decision granting summary judgment to the insurer and finding, under...more

Carlton Fields

New York Federal Court Enforces Exclusion Barring Coverage for Claims Based on Any Misrepresentation, Regardless of Perceived...

Carlton Fields on

When state law provides that an insurance contract can be rescinded for misrepresentations only if they are “material,” can an insurer contract around that rule by adding an exclusion for all claims based on any...more

Zelle  LLP

The Fifth Circuit Finds CGL’s Motorized Vehicles Endorsement to Preclude Coverage for Drag Racing

Zelle LLP on

In what perhaps is truly a “sign of the times,” the Fifth Circuit recently analyzed whether a Commercial General Liability (“CGL”) policy covered drag racing events. See Kinsale Insurance Company v. Flyin' Diesel Performance...more

Carlton Fields

Explosives Manufacturer’s Pollution-Related Claim Blown Up by State-Specific Endorsement

Carlton Fields on

In Dyno Nobel v. Steadfast Insurance Co., the Tenth Circuit Court of Appeals recently held that, under Utah law, where a specific state is listed in an endorsement heading, coverage under the endorsement is limited to claims...more

Rumberger | Kirk

Summary Judgment Win Could Pave the Way for Insurance Carriers to Enforce Water Damage Coverage Limitation Endorsements

Rumberger | Kirk on

Chances are, if you live in Florida, you have seen a billboard or heard an advertisement about water damage or pipe lawsuits.  For some time, insureds have filed claims and lawsuits alleging repair costs that frequently...more

Carlton Fields

Cow Manure Meets Insurance Law: Seventh Circuit Addresses Breach of Contract Exclusions in Malpractice Insurance

Carlton Fields on

Errors and omissions (E&O) and directors and officers (D&O) professional liability insurance policies commonly contain breach of contract endorsements that exclude coverage for claims “based upon or arising out of” a breach...more

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