Umbrella

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No Coverage for Telemarketing Litigation Under Commercial Umbrella Policies

Lawsuits brought against satellite and other television broadcasters for telemarketing violations typically spark requests for insurance coverage to defend and ultimately indemnify the broadcaster in those lawsuits.  More often than not, the request for coverage ends up in litigation over whether the insurance policy covers the allegations in the underlying lawsuit.  A Colorado federal court … Continue Reading

Extrinsic Evidence Leads to Summary Judgment on Aggregate Corridor Deductible

Some insurance programs are simple:  one primary policy, one excess policy.  Easy.  Some insurance programs are complex and contain many layers and coverages.  In the case discussed below, the court had to interpret how an Aggregate Corridor Deductible (ACD) in one policy worked and how it affected when the second policy came on risk.… 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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