California Appeals Court Holds That Insurer Can Rely on Voluntary-Parting Exclusion to Deny Coverage to Jewelry Owner who Mistakenly Gave Away $1.5 Million in Jewels

A California appeals court has ruled that an insurance company did not act in bad faith when it refused to reimburse a jewelry wholesaler for more than $1.5 million in property that the wholesaler claimed was mistakenly handed over to an individual who was merely posing as an armored-car agent. PNS Jewelry...

Illinois Court Addresses Liquor Liability Exclusion

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Netherlands Insurance Co. v. Phusion Projects, Inc., 2012 U.S. Dist. LEXIS 5222 (N.D. Ill. Jan. 17, 2012) , the United States District Court for the Northern District of Illinois had occasion to consider...

Effect of “Assault & Battery” Exclusion: Entire Policy Must Be Read to Interpret Policy

Insurance policies, contrary to the belief of some members of the plaintiffs’ bar, are nothing more than a contract that needs to be interpreted like any other contract. In so doing the entire contract must be read to determine the intent of the parties to the contract. In Certain Interested...

When an Additional Insured Is the Party Seeking Coverage, Courts Must Resolve Ambiguities in a Manner Consistent With the Objectively Reasonable Expectations of the Additional Insured

Transport Ins. Co. v. Superior Court , 222 Cal. App. 4th 1216 (2014), [ enhanced version available to lexis.com subscribers ]. In Transport Insurance Co. , the California Court of Appeal held that because the additional insured was the party seeking coverage, ambiguities found in the insurance policy...