Insurance Coverage


Homeowner’s Policy Excludes Coverage for Claims Stemming from Insured’ Shooting of Woman
January 31, 2013 | Insurance Coverage

Does a homeowner’s policy cover a claim asserting that the insured was negligent when he placed a handgun on the victim’s neck and pulled the trigger? The U.S. Court of Appeals for the Eleventh Circuit has affirmed a district court decision finding that there was no coverage in this case.  

The Case 

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No Coverage for “Premises Liability” Claims Allegedly Arising from a Fight
| Insurance Coverage

A federal district court in Virginia has ruled that an assault or battery exclusion barred coverage for claims allegedly arising from a fight at a billiards tournament.  

The Case 

The plaintiff in this case filed a premises liability lawsuit against The Locker Room, LLC, alleging that he was injured in a fight that took place

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Funeral Director Who Took and Sold Body Parts Loses Coverage Claim
| Insurance Coverage

A Pennsylvania federal district court has ruled that complaints against a funeral director who had been convicted of crimes involving the unlawful taking and sale of body parts did not allege an “occurrence” and that none of the alleged damages met the definitions of “bodily injury” or “property damage.” 

The Case 

The case involved

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Appeals Court Confirms Contract Exclusion Bars Coverage for Statutory Claims Related to Alleged Contract Breach
| Insurance Coverage

A Minnesota appeals court has ruled that an insurance policy that expressly excluded coverage for claims arising from an alleged contract breach by the insured also excluded coverage for other statutory claims related to the alleged breach – and that the insurer was entitled to recover the defense costs it had previously advanced.  

The Case 

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New York Insurance Coverage Law Update
January 1, 2013 | Insurance Coverage

Court Holds Insurer Was Prejudiced By Late Notice That Resulted In Lost Opportunity To Investigate

After the roof of a commercial building in New York City collapsed, the second floor and roof were demolished and removed as ordered by the City.  Approximately 5½ months later, the insurer of the contractor that performed work on the

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New York Insurance Coverage Law Update – 2012 Compilation
| Insurance Coverage

Please click the link below to view the New York Insurance Coverage Law Update – 2012 Compilation. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

New York Insurance Coverage Law Update – 2012 Compilation

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Put on Hold
December 31, 2012 | Insurance Coverage

Please click the link below to view Put on Hold. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Put on Hold

Copyright © 2013 by A.M. Best Company, Inc.  Reprinted with permission.  All rights reserved.

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Employer Does Not Violate FLSA by Changing Workweek So Employees Earn Fewer Hours of Overtime
| Appeals | Labor & Employment | Insurance Coverage

Five current and former employees of Redland Energy Services, LLC, who worked as operators of Redland’s two drilling rigs, sued Redland, alleging that it had violated an overtime provision of the federal Fair Labor Standards Act (FLSA) by changing the designation of their workweek, but not their work schedule, so that fewer hours qualified as

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No Coverage for Claims that Weight Loss Products Were Ineffective
| Insurance Coverage

Claims that weight loss products were ineffective and did not lead to weight loss were not covered by the manufacturer’s insurance policy, which provided coverage for claims of “bodily injury,” the U.S. Court of Appeals for the Fifth Circuit has affirmed.   

The Case

Consumers sued CSA Nutraceuticals GP, L.L.C., and CSA Nutraceuticals, L.P., (collectively “CSAN”)

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Pollution Exclusion Clauses Bar Coverage for Claims Alleging Damage from Defective Chinese Drywall
| Insurance Coverage

Pollution exclusions in insurance policies issued to a homebuilder did not cover claims for damages associated with the supply and installation of allegedly defective Chinese drywall, the U.S. Court of Appeals for the Eleventh Circuit has ruled.  

The Case

KB Home, Inc., and KB Home Tampa, LLC, alleged that American Building Materials had supplied KB

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