HNRK Coverage Corner
Posts in Professional Malpractice.
Posted in Policy Exclusions, Professional Malpractice
On November 26, 2018, Judge Feuerstein of the EDNY issued a decision in Merritt Environmental Consulting Corp. v. Great Divide Ins. Co., 17-CV-7495, holding that a policy exclusion for claims “arising out of” radioactive contamination did not require proximate causation, but rather “some causal relationship” between the contamination and the claim. In Merritt Environmental, an environmental consulting business sought coverage under a professional liability policy for lawsuits by a client alleging that Merritt negligently failed to identify radioactive ...
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- Ohio Supreme Court Rules Computer Software Cannot Be Subject To “Physical Loss” Or “Physical Damage” Under Insured’s Property Insurance Policy
- Criminal Acts Exclusion Bars Coverage Even Though Insured Not Charged With, or Convicted of, a Crime
- Insurer Not Permitted to Recoup Defense Costs Absent Express Reservation of the Right to Do So
- Liability Insurer May Not Deny Defense Coverage Based On Extrinsic Evidence “Bound Up With the Merits of the Underlying Case”
- Second Circuit Rules That Lower-Tier Excess Policies Were Exhausted by Below-Limits Settlement with Insured
- Does Contra Proferentem Apply to the “Sophisticated Insured”?
- Sexual Misconduct Exclusion Bars Coverage for Negligence Supervision Claim
- Delaware Supreme Court Rejects “Fundamentally Identical” Standard for Interpreting Related Claims Provision
- New York Court of Appeals Rules That Disgorgement Payment to SEC Did Not Constitute an Uninsured Penalty
- “Intentional Nonperformance” of Contractual Obligations Does Not Trigger Policy’s “Willful Acts”
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