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Insurance Litigation Denial of Insurance Coverage Contract Terms

Morgan Lewis

Federal Courts Decline to Centralize All COVID-19-Related Business Interruption Insurance Lawsuits

Morgan Lewis on

The US Judicial Panel on Multidistrict Litigation on August 12 denied certain plaintiffs’ motions to centralize lawsuits brought by businesses seeking insurance coverage for coronavirus (COVID-19) losses....more

Carlton Fields

Beware Of The Warranty – Second Circuit Relies On Terms Of Warranty, Not Policy, To Make Coverage Determination

Carlton Fields on

Can the terms of a warranty impact the scope of coverage provided by an insurance policy even if the policy does not explicitly incorporate the terms of the warranty? The answer to this question appears to be yes, at least...more

Butler Snow LLP

Contracts May “Legally” Obligate a Party to Pay, Even Without a Court Judgment

Butler Snow LLP on

Time and again, courts have been tasked with construing ambiguous and inconsistent terms in contracts. Recently, the Sixth Circuit revisited the issue of interpreting contractual language in Dark Horse Express, LLC v. Lancer...more

Butler Snow LLP

“Additional Insured” counseled to read the policy

Butler Snow LLP on

An Illinois General Contractor learned a hard lesson the other day; the case is Vivify Constr., LLC v. Nautilus Ins. Co., 2017 IL App (1st) 170192. The General Contractor, Vivify Construction, subcontracted part of the job...more

Carlton Fields

A Stitch in Time Saves … An Insured From Incurring Non-Covered Defense Costs

Carlton Fields on

Timely notice is typically a condition precedent to coverage under an insurance contract, though many states require an insurer to demonstrate prejudice before denying coverage solely based on a failure to comply with a...more

Carlton Fields

Washington Court Finds Coverage For “Collapse” Is Not Set In Stone

Carlton Fields on

As this blog has documented, the language of insurance policies evolves; it changes to address new risks, and it also responds to new interpretations of old policy provisions. Even if a policyholder maintains a long-standing...more

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