Overturning a trial court ruling, a Florida Court of Appeals held the “your products” exclusion barred coverage for defective doors and windows manufactured by the policyholder.  The trial court had found the exclusion inapplicable because the product was materially altered by the addition of transoms instead finding that they did not materially change the inherent function and nature of... Read More

A Texas federal court applied an absolute pollution exclusion (“Total Pollution Exclusion Endorsement”) in a Commercial General Liability Policy to bar defense coverage for a Louisiana third-party pollution claim rejecting the argument that the exclusion did not apply because it did not specifically exclude a defense for the storage, transportation and handling of contaminants.  The court found that the... Read More

Fidelity insurer’s employee dishonesty exclusion does not automatically apply when executives take out $5.4M in fraudulent loans for their personal benefit (5th Cir. Fed.). The Federal 5th Circuit Court of Appeals found that a fidelity insurance policy may have to respond when executives take out a $5.4M in fraudulent loans under their company’s name and keep the proceeds despite an... Read More