policy language News

Viewpoint: Be Like Mike and Look to Fundamentals to Recover COVID-19 Losses

Michael Jordan, the National Basketball Association icon, once said, “get the fundamentals down and the level of everything you do will rise.” His insight here also holds value for insurance lawyers who are facing their own game seven. Many of …

3rd Circuit Revives Some of Manufacturer’s Claims Against Insurers

Sapa Extrusions purchased 28 insurance policies from eight carriers, but not one of them would reimburse the manufacturer for the cost of a settlement it paid after being sued for shoddy workmanship. A federal appellate court, however, has cleared the …

Virginia High Court: Auto Maintenance Exclusion Means What it Said

The Virginia Supreme Court ruled that an insurer doesn’t have to pay for injuries to a customer who was injured by tire that exploded while it was inflated, and handed business owners another reason not to allow customers in the …

Federal Judge Says Wording in Acuity Policy is Ambiguous

A recent ruling by an Illinois federal judge against Acuity Mutual Insurance Co., found that the use of the word “commencing” is ambiguous as it relates to whether a loss occurs within the policy period. The case, Temperature Service Company, …

What a Difference the Word ‘Accident’ Makes in Sexual Assault Coverage Cases

Disparate coverage results for sexual assault claims turned on a one word difference in “personal injury” policy definitions in Gonzalez v. Fire Ins. Exchange (2015) ____Cal.App.4th ____, decided by the Six District California Court of Appeal on February 5, 2015. …

Non-Covered Claims May Exhaust Primary Limits, Trigger Umbrella

A recent ruling from the Fifth Circuit Court of Appeals clarified that an umbrella policy may be triggered even when the underlying insurance is exhausted by claims that would not be covered by the umbrella policy itself. The case bears …