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COVID-19 and the Exclusion for Virus and Bacteria

Insurance policies contain coverage grants and exclusions.  Generally, the burden is on the insured in the first instance to prove that the insured’s loss comes within the insurance policy’s coverage grants.  If the insured proves that the policy covers the insured’s loss, then the burden shifts to the insurer to prove that a policy exclusion … Continue Reading

Anti-concurrent Clause and Faulty Workmanship Exclusion

Anti-concurrent clauses preclude coverage even where the loss is partially caused by a covered cause of loss.  This clause received considerable attention in hurricane-related coverage litigation following Hurricane Katrina.  In a recent case, the Eighth Circuit Court of Appeals addressed the anti-concurrent clause in the context of damage allegedly caused in part by faulty workmanship.… Continue Reading

Can Coverage for COVID-19 Be Excluded?

Business insurance policies contain exclusions precluding coverage under specified circumstances. Two exclusions potentially relevant to COVID-19 claims are the virus, bacteria or communicable disease and pollution exclusions. In this blog post, we examine these exclusions in the context of coverage issues for COVID-19.… Continue Reading

Court Finds No Insurance Coverage for TCPA Settlement

What happens when the Expected or Intended Exclusion and the Information Exclusion bump up against a policyholder’s suit for breach of contract, bad faith and improper denial of a claim based on an alleged TCPA violation?  You’ll have to visit our blog post on TCPAWorld.com to find out.  Suffice it to say that the insurance … Continue Reading

The (Rock) Finer Points of the Absolute Pollution Exclusion

The pollution exclusion has had a long history of being interpreted by the courts throughout the US.  Many substances have been held to come within the pollution exclusion, resulting in a bar of insurance coverage for costs sustained by policyholders addressing those substances in waterways and the air.  In a recent case, the Fifth Circuit … Continue Reading
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