Insurance Law

Recent Posts

Payments by Other Insureds Held to Satisfy Policy’s SIR Endorsement
Posted on 20 May 2015 by Troutman Sanders

Centex Homes v. Lexington Ins. Co. , 2014 U.S. Dist. LEXIS 164472 (C.D. Cal. Nov. 24, 2014), [ enhanced version available to lexis.com subscribers ]. In Centex , the Central District of California held that unless a policy clearly states that a self... Read More

Contra Proferentem – Not Always: When In Doubt – Rule Against the Insurer
Posted on 7 Jan 2014 by Barry Zalma

The doctrine of contra proferentem , which ordinarily guides courts to interpret ambiguous insurance contract language against the insurer-drafter and in favor of finding coverage for the insured policy holder, does not always apply. However, in a coverage... Read More

SNR Denton LLP on Pedicini v. Life Insurance Co. of Alabama: Insurer Acted in Bad Faith by Refusing To Recognize Ambiguity of Policy Language
Posted on 13 Nov 2012 by William T. Barker and Ronald D. Kent

By William T. Barker & Ronald D. Kent, Partners, SNR Denton In Pedicini v. Life Insurance Co. of Alabama, 682 F.3d 522 (6th Cir. 2012), the Sixth Circuit held that the relevant language in a medical insurance policy was ambiguous and further... Read More

McCarter & English on Panel Finds for Additional Insured Under Ongoing-Operations Clause: Tri-Star Theme Builders, Inc., et al. v. OneBeacon Ins. Co.
Posted on 27 Jul 2011 by Brian Osias

By Brian J. Osias and Michael C. Smith, McCarter & English, LLP Courts have struggled with the conflicting expectations of additional insureds and their insurers under the ongoing operations clauses frequently found in comprehensive general liability... Read More

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
Posted on 3 Sep 2014 by Troutman Sanders

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... Read More

Insured v. Insured Exclusion Held Ambiguous With Regard to Claims by the FDIC as Receiver
Posted on 18 May 2015 by Troutman Sanders

St. Paul Mercury Ins. Co. v. Hahn , 2014 U.S. Dist. LEXIS 153643 (C.D. Cal. October 8, 2014), [ enhanced version available to lexis.com subscribers ]. In Hahn, the Central District of California ruled that the claims of the FDIC as receiver for a failed... Read More

CGL Exclusion for Injuries to Children Ambiguous in Florida
Posted on 21 Jul 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant The most difficult task faced by an underwriter, and those representing underwriters, is to write insurance policy provisions in clear and unambiguous language. It has become even more difficult when the underwriter... Read More

Nevada Supreme Court Finds An Earth Movement Exclusion Ambiguous, by Bullivant Houser Bailey PC
Posted on 13 Jun 2011 by Bullivant Houser Bailey PC

By Andrew B. Downs and Kristol Bradley Ginapp, Attorneys, Bullivant Houser Bailey PC The Nevada Supreme Court recently held that a property insurance policy's earth movement exclusion was ambiguous because, unlike some other earth movement exclusions... Read More

McCarter & English on Panel Finds for Additional Insured Under Ongoing-Operations Clause: Tri-Star Theme Builders, Inc., et al. v. OneBeacon Ins. Co.
Posted on 27 Jul 2011 by Brian Osias

By Brian J. Osias and Michael C. Smith, McCarter & English, LLP Courts have struggled with the conflicting expectations of additional insureds and their insurers under the ongoing operations clauses frequently found in comprehensive general... Read More

CGL Exclusion for Injuries to Children Ambiguous in Florida
Posted on 21 Jul 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant The most difficult task faced by an underwriter, and those representing underwriters, is to write insurance policy provisions in clear and unambiguous language. It has become even more difficult when the underwriter... Read More

Nevada Supreme Court Finds An Earth Movement Exclusion Ambiguous, by Bullivant Houser Bailey PC
Posted on 13 Jun 2011 by Bullivant Houser Bailey PC

By Andrew B. Downs and Kristol Bradley Ginapp, Attorneys, Bullivant Houser Bailey PC The Nevada Supreme Court recently held that a property insurance policy's earth movement exclusion was ambiguous because, unlike some other earth movement exclusions... Read More