exclusion News

Pennsylvania Law Assures Medical Expense Coverage for Injured Unlicensed Driver

An unlicensed driver exclusion in a Pennsylvania auto insurance policy does not apply to allow an insurer to deny statutorily mandated first party medical expense benefits, the Pennsylvania Superior Court has ruled. The appeals court found that the exclusion does …

Travelers Wins CGL v. E&O Battle in Insurance Agency Defamation Case

Travelers Casualty Insurance Co. did not owe a duty to defend or indemnify its insured, CBIZ Borden-Perlman Insurance Agency, Inc., in a tort action in which Republic, as another insurer of B-P, bore the litigation and settlement costs, a federal …

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 …

Show Must Go On for Broadway Theaters’ Covid Loss Claim, Federal Judge Rules

A New York federal judge has refused to lower the curtain on a COVID-19 business loss claim by the owner of five Broadway theaters because the entertainment insurance policy language is ambiguous as to whether the theater suffered one loss …

D&O Insurer Dodges Coverage for $4.9M Embezzlement Scheme

A directors and officers insurer has no duty to defend a New Mexico financial organization from litigation filed after its former chief executive officer was convicted of stealing $4.9 million from clients, a federal appellate court ruled. A panel of …

Attorneys: Ransomware a Multi-Layered Risk for Policyholders

The evolution of ransomware is bringing a wider range of risks to insurance policyholders, with new government regulations, exfiltration of data and state-sponsored actors adding to the mix, attorneys with the Anderson Kill law firm said during a webinar on …

Auto Dealer’s Insurer Not Liable for Auctioneer Employee’s Crash that Killed 5

A tragic accident at a Massachusetts auto auction company is not covered by the insurance of the auto dealer that hired the auction company to sell the vehicle involved in the accident. A federal appeals court has declined to perform …

N.J. Supreme Ct: New York Exclusion Relieves Insurer of Duty to Defend

Clearly, Admiral Insurance Co. did not want to assume any risk in the New York City area. The insurance policy Admiral issued to Richfield Window Coverings excluded coverage “in any way connected with” operations or activities in the nine counties …

Viewpoint: Videotaping of Child in Shower is ‘Sexual Misconduct’ Excluded by Policy

Plaintiffs, R.S. and D.S. filed a lawsuit against a homeowner, Shawn Conrad, in Yellowstone County, Montana. The case involved a minor who took a shower at Conrad’s home. The female minor discovered hidden cameras that had been placed in the …

Sex Abuse Victim Can’t Challenge Ruling that Insurer Had No Duty to Defend

A victim of childhood sexual abuse cannot challenge a trial court’s decision that an insurer had no duty to defend her abuser from a lawsuit, a panel of the 11th Circuit Court of Appeals ruled. The appellate panel on Tuesday …