exclusion News

Insurer Must Defend Against Lawsuit Over Drug Overdose, Despite Exclusion

An insurer must defend its policyholders against a lawsuit that alleges their drug-dealer son caused the overdose death of a house guest while they were away, a Pennsylvania appellate court ruled. A three-judge panel with the Pennsylvania Superior Court ruled …

Okla. Supreme Ct. Ruling Shows Policyholders Shouldn’t Depend on Agent’s Representations

New Dominion LLC taps into oil and natural gas reserves that many production companies avoid. The Tulsa, Oklahoma company operates hundreds of wells that produce from hydrocarbon reservoirs that are saturated with water from ancient aquifers. When oil or gas …

Nevada Supreme Court Rules Insured Must Prove Coverage Owed in Construction Defect Litigation

At least 14 construction defect lawsuits have been filed against developers and subcontractors that built thousands of Nevada homes. Two insurers issued commercial liability policies to cover such claims, but they didn’t agree on whether a prior-damage clause in one …

Viewpoint: Due Process, Bill Cosby, and D&O Liability Insurance Conduct Exclusions

Directors and officers liability insurance policies often contain exclusions for losses related to criminal or deliberately fraudulent activities. Such exclusions usually are limited to circumstances in which the fraud or crime is finally adjudicated. The path from initial allegations to …

‘Physical Abuse’ Exclusion Doesn’t Bar Claim Stemming From Fight Over Fish

A policy that excludes damages caused by “physical abuse” does not take a property insurer off the hook for a claim by an insured who agreed to pay $500,000 to settle a lawsuit stemming from injuries caused by an alleged …

Plaintiffs Hope to Consolidate COVID-19 Business-Interruption Lawsuits

Two groups of plaintiffs — one in Philadelphia, the other in Chicago — are asking federal courts to consolidate lawsuits filed by businesses that are seeking coverage for business-interruption losses caused by coronavirus stay-home orders. Attorneys for owners of the …

Trump Tells Insurers to Pay Virus Claims If Pandemics Not Excluded

President Donald Trump on Friday staked out his position in a legal battle over business-interruption claims: Unless the policy excludes pandemics, insurers should pay. Trump spoke about the issue for a minute and a half during his daily coronavirus task …

Claim Survives Because of W.V. Statute that Limits Exclusions for Borrowed Vehicles

Workers’ compensation immunity doesn’t shield an insurer from liability for injuries caused by someone who was borrowing the employer’s truck, and neither do exclusions in the policy, the 4th Circuit Court of Appeals ruled. The appellate court found that workers’ …

Insurer Asks Nebraska Court to Review Carbon Monoxide Case

An insurance company is asking a federal court to absolve it from paying a claim by the widow of a central Nebraska church pastor who died of carbon monoxide poisoning in a house owned by the church. John Green had …