Many general liability polices contain an exclusion for violations of certain statutes involving the sending or communicating of information like the Telephone Consumer Protection Act (“TCPA”). The question a federal court in North Dakota faced was whether debt collection practices came within the statutory violation exclusion.… Continue Reading
When someone gets injured and sues, sometimes the defendant defaults and the claimant is left to pursue its remedies against the defendant’s insurance policy. It’s basically a coverage suit, but brought by the claimant instead of the policyholder. The same defenses to coverage also apply. Paramount, however, is that the loss complained of has to … Continue Reading
You remember Bellefonte, right? Bellefonte Reinsurance. Co. v. The Aetna Casualty & Surety Co., 903 F.2d 910 (1990). When the New York Court of Appeals in Global Reinsurance Corp. of Am. v. Century Indemn. Co., 30, N.Y.3d 508 (2017), took the wind out of reliance on Bellefonte as authority for the stated limits in a facultative … Continue Reading
Typically, courts are strict when it comes to insurance companies disclaiming coverage. Generally, a disclaimer must be specific and timely for it to have any chance of being effective. In many cases, an insurance policy has an exclusion that the insurance company contends precludes coverage. In other cases, the coverage alleged is just not provided … Continue Reading
