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Policy Terms Insurance Industry Indemnity Insurance

A&O Shearman

Mistake: Sometimes all it takes is one letter...

A&O Shearman on

The Court of Appeal has found that an alleged typo in a warranty and indemnity insurance policy did not amount to an obvious mistake. As a result, the insurance did not cover the claimed breach of warranty....more

ASKramer Law

Weather & Climate Risk Management Part II: Weather Risk Management Products

ASKramer Law on

In Part I of this series on weather and climate risk management, I reviewed the context within which organizations seek to manage climate and weather-related risks. With extreme weather events becoming more common, there are...more

Sheppard Mullin Richter & Hampton LLP

Can an Insured’s Mental Incapacity or Insanity Convert Non-Accidental Conduct into an Accident?

The concept of fortuity is fundamental to insurance law. That is because insurance protects against the risk of contingent or unknown events or losses – not certainties of loss. Cal. Ins. Code § 22. Thus, in the context of...more

Woodruff Sawyer

Agencies Release Proposed Regulations on Fixed Indemnity Insurance, Seek Comments on Level Funded Plans

Woodruff Sawyer on

On July 12, 2023, the IRS, DOL and HHS (collectively, “the Agencies”) released proposed regulations that modify the conditions for hospital indemnity and other fixed indemnity insurance to be considered an “excepted benefit.”...more

Locke Lord LLP

The Case of the Disappearing Caps on Indemnity and Expenses

Locke Lord LLP on

For those old enough to remember, Abbott & Costello had a routine where the famous comedy duo debated the confusing question of “Who’s On First”. The evasive answer appeared to be in the eyes of the beholder....more

White and Williams LLP

New Jersey Federal Court Provides Clarification/Limitation on the Application of the Continuous Trigger Theory in Construction...

White and Williams LLP on

The proper trigger of coverage in construction defect disputes has been addressed on several occasions by New Jersey courts. Most notably, in Air Master & Cooling, Inc. v. Selective Insurance Company of America, 452 N.J....more

Haight Brown & Bonesteel LLP

Liability Policy’s Arbitration Endorsement Applies to Third Party Beneficiaries, Including Additional Insureds

In Philadelphia Indemnity Ins. Co. v. SMG Holdings, Inc. (No. C082841; filed 12/31/19, ord. pub. 1/28/20), a California appeals court held that a binding arbitration clause in an insurance policy extends to a third party,...more

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