The United States Court of Appeals, Fourth Circuit, Finds Wrap-Up Exclusion Does Not Bar Coverage[...]

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" Exclusion

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, 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 Against an Employer That Arises[...]

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 Firm’s A&E Policy

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 Doctrine

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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