Katelyn Cramp | Wiley Rein Applying Washington law, a federal district court has held that an insured versus insured exclusion does not bar coverage for claims asserted by a member of an insured limited liability company. Starr Indem. & Liab. Co. v. Point Ruston LLC, 2021 WL 3630511 (W.D. Wash. Aug. 17, 2021). The court also… Continue reading Insured Versus Insured Exclusion Does Not Bar Coverage for Claims Brought by Member of Insured LLC
Category: Insurance
Anti-Concurrent Causation Clause Eliminates Loss from Hurricane
Tred R. Eyerly | Insurance Law Hawaii The court found the insured was not covered for losses caused by Hurricane Laura due to the implementation of the policy’s anti-concurrent causation clause. Aegis Sec. Ins. Co. v. Lejeune, 2021 U.S. Dist. LEXIS 106804 (W. D. La. June 7, 2021). At the time of the… Continue reading Anti-Concurrent Causation Clause Eliminates Loss from Hurricane
Rather Than Limit Decision to “That Particular Part” of Developer’s Policy Necessary to Bar Coverage, 10th Circuit Renders Questionable Decision on Exclusion j(6)
William S. Bennett | SDV Insights The 10th Circuit Court of Appeals, applying Colorado law, recently extended Colorado’s broad application of the phrase “arising out of” in insurance interpretation, barring an insured real estate developer from receiving a defense to a suit alleging liability for construction of a defective retaining wall and associated resulting damage.1 … Continue reading Rather Than Limit Decision to “That Particular Part” of Developer’s Policy Necessary to Bar Coverage, 10th Circuit Renders Questionable Decision on Exclusion j(6)
Utah Expands Premise-Owner Liability To Take-Home Asbestos Plaintiffs
Jackson Otto | Husch Blackwell Utah’s Supreme Court recently issued an opinion which dramatically expands premise owners’ liability for asbestos-related injuries. On August 5, 2021, the Court reversed Utah’s Court of Appeals and held that a lawsuit could proceed against two premises owners on the theory that asbestos dust from their facilities was brought home… Continue reading Utah Expands Premise-Owner Liability To Take-Home Asbestos Plaintiffs
Certificates as Evidence of Additional Insured Coverage Are All the Rage, But You Deserve Better
Joseph L. Cohen, W. Mason and Sean Milani-nia | Fox Rothschild Consider the following scenario: the construction project is ready to proceed. The deal is done. The agreements have all been carefully crafted, with detailed provisions on insurance dedicated to reducing risk. Those provisions require the downstream trade contractors to furnish certificates of insurance listing… Continue reading Certificates as Evidence of Additional Insured Coverage Are All the Rage, But You Deserve Better