Lorelie S. Masters, Patrick M. McDermott & Rachel E. Hudgins | Hunton Andrews Kurth In this final post in the Blog’s Landmark Montana Supreme Court Decision Series, we discuss the court’s ruling on the known loss doctrine and its interpretation of “occurrence” in National Indemnity Co. v. State, 499 P.3d 516 (Mont. 2021). Personal injury claims against… Continue reading Landmark Montana Supreme Court Decision Series: Known Loss Doctrine & Interpretation of “Occurrence”
Tag: Known Loss Doctrine
The “Fortuity” and “Known Loss Doctrines” of Insurance Coverage – Are You Covered?
Meredith Storm | Pessin Katz Law The concept of risk is central to insurance. Insurance coverage is premised on the exchange of risk and the possibility that an unintended or unexpected event will occur. Accordingly, it seems only logical that insurance carriers are not keen on providing coverage for a loss that is very likely… Continue reading The “Fortuity” and “Known Loss Doctrines” of Insurance Coverage – Are You Covered?
First Circuit: No Coverage, No Duty to Investigate Alleged Loss Prior to Policy Period
Eric B. Hermanson and Austin D. Moody | White & Williams On April 1, 2020, the First Circuit, applying Massachusetts law, issued a potentially useful decision addressing the Montrose “known loss” language in ISO Form CGL policies. In Clarendon National Insurance Company v. Philadelphia Indemnity Insurance Company,[1] the court applied this language to allow denial of defense for claims… Continue reading First Circuit: No Coverage, No Duty to Investigate Alleged Loss Prior to Policy Period
The Known Loss Doctrine and Liability Insurance
David M. Atkinson and Eleanor G. Jolley | Claims Journal | February 20, 2018 Insurance coverage is premised on the concept of fortuity – a loss that occurs by chance or accident. When an insurance company issues a policy, it insures against a risk of possible loss, not a certainty. Insurance carriers do not intend to provide coverage for… Continue reading The Known Loss Doctrine and Liability Insurance
The Known Loss Doctrine and Liability Insurance
David M. Atkinson and Eleanor G. Jolley | Claims Journal | February 20, 2018 Insurance coverage is premised on the concept of fortuity – a loss that occurs by chance or accident. When an insurance company issues a policy, it insures against a risk of possible loss, not a certainty. Insurance carriers do not intend to provide coverage for… Continue reading The Known Loss Doctrine and Liability Insurance