Common Insurance Coverage Exclusions

Sacks Tierney The insurance company bears the burden to establish the applicability of any exclusion. Insurance policies limit coverage through the use of exclusions written into the policy. The insurer bears the burden to establish the applicability of any exclusion. Expected or Intended Injury Exclusion (a) in the standard CGL policy excludes any injury or… Continue reading Common Insurance Coverage Exclusions

Insured’s Failure to Challenge Trial Court’s Application of Exclusion Makes Appeal Futile

Tred R. Eyerly | Insurance Law Hawaii     The Texas Court of Appeals affirmed the trial court’s granting of summary judgment to the insurer because the appeal failed to challenge the exclusion under which the insurer found no coverage. Sosa v. Auto Club Indemn. Co., 2022 Tex. App. LEXIS 6520 (Tex. Ct. App. Aug. 30,… Continue reading Insured’s Failure to Challenge Trial Court’s Application of Exclusion Makes Appeal Futile

Nevada Rules Insured Has Burden to Prove Exception to Exclusion

Michael Lowry | Wilson Elser On October 28, 2021, the Nevada Supreme Court joined 26 other state supreme courts, holding the insured has the burden to prove an exception to an exclusion. The question before the court was if an insurance policy provides coverage, but that coverage is then modified by an exclusion, who has… Continue reading Nevada Rules Insured Has Burden to Prove Exception to Exclusion

Policy Clauses, Exclusions and Endorsements: Language Matters

Heather Howell Wright and Alexander G. Thrasher | Buildsmart The Ninth Circuit Court of Appeals just reminded policyholders that while coverage exclusions are to be read narrowly, they must also be read comprehensively. In Engineered Structures, Inc. v. Travelers Property Casualty Company of America, Engineered Structures, Inc. (ESI) obtained a builders’ risk insurance policy from Travelers… Continue reading Policy Clauses, Exclusions and Endorsements: Language Matters

Property Insurer Wrongly Denies You Coverage? Victor Jacobellis and Chip Merlin Discuss How Exceptions to Exclusions Win Coverage

Chip Merlin | Property Insurance Coverage Law Blog | June 14, 2019 Victor Jacobellis left his job in San Francisco representing insurance companies to join Merlin Law Group and help policyholders obtain insurance coverage benefits. He asked me to speak with him about exceptions to exclusions of coverage which are often overlooked and lead to wrongful denials… Continue reading Property Insurer Wrongly Denies You Coverage? Victor Jacobellis and Chip Merlin Discuss How Exceptions to Exclusions Win Coverage

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