Mary Weaver | Wiley Rein A Montana federal court has held that the notice-prejudice rule is inapplicable to claims-made policies as a matter of Montana law. Hanover Ins. Grp. v. Aspen Am. Ins. Co., 2021 WL 3769324 (D. Mont. Aug. 23, 2021). The court held that no coverage was available under either of two claims-made policies… Continue reading Montana Federal Court Holds that Notice-Prejudice Rule Does Not Apply to Claims-Made Policy
Category: Insurance
Insured Versus Insured Exclusion Does Not Bar Coverage for Claims Brought by Member of Insured LLC
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
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