Burke’s Law News

South Dakota Court Rules Against ‘Owned-But-Not-Insured’ Exclusion

With the South Dakota Supreme Court’s decision in Wheeler v. Farmers Mut. Ins. Co. of Neb., 2012 S.D. 83, the state joined a number of other states in invalidating “owned-but-not-insured” exclusions in uninsured motorist policies. The court held that South …

Insurer Must Show Prejudice to Enforce Proof of Loss Provision in California

A California court of appeals recently determined that a proof of loss condition in a first party insurance policy is subject to the notice-prejudice rule. According to the decision, an insurer cannot avoid its coverage obligations due to a policyholder’s …

Ohio Supreme Court Determines Defective Construction is Not Covered by CGL Policy

The Supreme Court of Ohio recently held that defective construction is not an “occurrence” covered under a commercial general liability policy. The decision clarifies an issue on which lower appellate courts had been split, but the court’s broad ruling was …