Insurance

The United States Court of Appeals, Fourth Circuit, Finds Wrap-Up[...]

January 23, 2019
The United States Court of Appeals, Fourth Circuit, recently took a close look at the application of a “controlled insurance program exclusion” (wrap-up exclusion) to additional insureds on a commercial[...]

The Importance of the Subcontractor Exception to the "Your Work"[...]

April 24, 2018
Commercial General Liability (CGL) policies typically include a “your work” exclusion, excluding coverage for “’property damage’ to ‘your work’ arising out of it or any part of it and included[...]

Insurance Company Not Responsible For Paying Pre-Tender Legal Fees

May 15, 2017
Insurance carriers can breathe a little easier. The Eleventh Circuit recently ruled, in EmbroidMe.com, Inc. v. Travelers Property & Casualty Co. of America, that an insurer did not have to pay[...]

The Importance of Notice Requirements in a Claims-Made Policy

January 6, 2017
The Southern District of New York recently made the importance of notice requirements in a claims-made policy abundantly clear.[1]  Generally, there are two kinds of insurance policies: (1) claims-made; and[...]

Whether There is a Duty to Defend an Indemnity Claim[...]

September 16, 2016
Most, if not all, commercial general liability policies contain a workers’ compensation exclusion, which have been widely interpreted to exclude claims made by employees directly against their employers.[i]  However, that[...]

Eleventh Circuit Pulls the Trigger on Injury-In-Fact

April 16, 2015
The Eleventh Circuit Court of Appeals recently reaffirmed Florida as an injury-in-fact trigger state in Carithers v. Mid-Continent Cas. Co., Case No. 14-11639 (11th Cir. April 7, 2015).  However, the[...]

11th Circuit Finds No Coverage for Shipbuilder under Marine Engineering[...]

January 14, 2015
On December 24, 2014, the United States Court of Appeals for the Eleventh Circuit published an opinion finding no coverage for a shipbuilder under a marine engineering firm’s Architect’s and[...]

Self-Insured Retention Obligations, Third-Party Indemnification Payments, and the Made Whole[...]

March 24, 2014
In Intervest Constr. of Jax, Inc. v. General Fid. Ins. Co., 2014 WL 463309 (Fla. 2014), the Florida Supreme Court decided a matter of first impression certified to it by[...]
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