ambiguous policy language News

Because ‘Location’ Is Ambiguous in Marine Cargo Policy, Travelers Must Pay Fire Loss

A New York-based apparel company is entitled to its claim for the full $600,000 limit on its marine cargo insurance policy because the policy was ambiguous as to whether a warehouse fire that destroyed its goods was at an approved …

Ohio Court Cites Wording of Exception to Exclusion in Reviving Dog Bite Claim

An Ohio appellate court revived a dog bite injury claim against an insurer after finding that the terms of an exclusion in the homeowners’ insurance policy, intended to bar coverage for dogs with a history of violence, may not have …

Viewpoint: Ambiguous Language Forces Insurer to Pay Losses It Didn’t Intend to Cover

Insurers often complain that their insureds do not read the insurance policy and compel them to fulfill all policy terms or receive nothing. In my experience almost no one reads an insurance policy until there is a dispute over a …

No Duty to Defend Doesn’t Mean No Duty to Indemnify, 5th Circuit Rules

A federal appeals court has clarified, at least under the realm of Texas law, when an insurer has a duty to indemnify – even if it has no duty to defend a tort action against the insured thanks to an …

4th Circuit Finds Nothing Ambiguous About Bump-Up Exclusion

Whether you call it an acquisition or a merger, the fact that Willis Group Holdings ended up controlling Towers Watson and shareholders filed a lawsuit alleging they were shortchanged triggered a “bump-up” exclusion in a directors and officers policy, a …

Heating Oil Leak Covered Because of Ambiguous Pollution Exclusion

The Rhode Island Supreme Court for the first time has found the definition of pollution in a commercial policy ambiguous enough to justify vacating a lower court’s summary judgment in favor of the insurer. The insurer, Arbella Protection Insurance Co., …

Calif. Supreme: Unclear Policy May Require Insurer to Defend Yahoo from Privacy Lawsuits

A liability insurer may have a duty to defend Yahoo Inc. from class-action lawsuits that alleged it violated the Telephone Consumer Protection Act by sending its customers unwanted text messages, the California Supreme Court ruled Thursday. In a unanimous decision, …

N.H. Supreme Sides with Pro Se Collision Shop Owner in Assigned Benefit Claim

Collision repair shop owner Steve Piispanen didn’t hire an attorney because he considers them to be “not educated” when it comes to insurance law. He represented himself when he appealed a local judge’s decision to dismiss a $1,093.37 claim against …

S.C. Supreme: Ambiguous Policy Language Allows Auto Claimant to Stack Benefits

A woman who was injured in a crash while driving a rental car provided by an auto insurer may collect uninsured motorist benefits from more than one policy, the South Carolina Supreme Court ruled Wednesday. In a 3-2 decision, the …

N.C. Court Joins Others in Finding Bacteria Exclusion Doesn’t Apply to Legionella Claims

A decision by a panel of the North Carolina Court of Appeals this week adds to a body of case law that holds insurers liable for outbreaks of Legionnaire’s disease despite policy exclusions for injuries caused by bacteria. The appellate …