Contractual Limitations on Umbrella Coverage and the Texas Supreme Court: Umbrella Policy Coverage Extended Beyond Service Contract Requirements
While not often in the limelight, standard business practice relies on service contracts and, …
Washington Supreme Court Holds Certain Hybrid Occurrence/Claims-Made and Reported Policies May Violate Public Policy
“We cannot enforce insurance provisions that render coverage so narrow it is illusory.”[1] The …
Forum Selection Pause: Washington’s Prohibition on Forum Selection Clauses in Insurance Contracts
Since Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991), forum selection clauses …
Waste Water and Ambiguities: Oklahoma Supreme Court Affirms that Carrier Must Defend Oil and Gas Company in Property Damage Suit
In Crown Energy Co. v. Mid-Continent Cas. Co., Case No. 116989, 2022 WL 2128667 …
When Negligence Is Not an Accident: No “Occurrence” for Intentional Land Clearing
A new California Court of Appeal decision, Ghukasian v. Aegis Sec. Ins. Co., 78 …
Indiana Supreme Court Refuses to Hold Commercial Crime Policy Covers Ransomware Attack
Typically, comprehensive cyber insurance policies, rather than commercial crime policies, respond to claims of …
The Insured Should Have Seen It Coming: Nevada Court Enforces Prior Acts Exclusion
Liability policies commonly contain exclusions precluding coverage when the insured knew or should have …
Pennsylvania District Court Finds No Coverage for Foreseeable Damages to Third-Party Property Caused By Faulty Workmanship
In Berkley Specialty Ins. Co. v. Masterforce Constr. Corp., No. 4:19-CV-01162, 2021 U.S. Dist. …
When 1% Equals 100%: New York Rejects Fault Based Approach to Additional Insured Coverage
When a named insured is only 1% responsible for an accident, what percentage of …
Extrinsic Evidence and the Duty to Defend in Texas: To Be or Not to Be?
In July of 2020, the United States Court of Appeals for the Fifth Circuit …