McGuireWoods Insurance Recovery Blog

McGuireWoods Insurance Recovery Blog

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Category Archives: Policy Interpretation

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Crime Insurance, Policy Interpretation

Federal Court: Computer Fraud Provision Does Not Cover Fraudulent Debit Card Transactions Conducted Over the Telephone

Last month, the Northern District of Georgia issued a strongly pro-insurer decision holding that a policy insuring computer fraud did not provide coverage for $11.4 million in fraudulent debit card redemptions made over the telephone.  In InComm Holdings, Inc. v. Great Am. Ins. Co., No. 1:15-cv-2671-WSD, 2017 WL 1021749 (N.D. Ga. Mar. 16, 2017), the… Continue Reading
Policy Interpretation, Professional Liability Insurance

Fifth Circuit Narrowly Construes Prior Knowledge Exclusion in Claims-Made Policy and Affirms Bad Faith Verdict

Insurers frequently rely on “prior knowledge” exclusions in an effort to avoid coverage under claims-made liability insurance policies.  In OneBeacon Insurance Co. v. T. Wade Welch & Associates et al., the Fifth Circuit recently affirmed a $28 million judgment following a jury verdict against One Beacon Insurance Company, finding that the insurer had wrongfully declined… Continue Reading
Best Practices, Cyber Insurance, General Liability, Policy Interpretation, Property Insurance

Cyber Risk “IRL”: Insurance Issues Arising from Cyber-Related Property Damage and Bodily Injury Claims

Many an unhappy modern tale arises when a cyber-predator suggests to his victim that they transition their dealings from the virtual world to a meeting “IRL” – “in real life.” But the perils that arise when the internet meets the “real world” are not limited to vulnerable individuals:  advances in technology, coupled with the ingenuity… Continue Reading
Construction Insurance, General Liability, Policy Interpretation

New Jersey Supreme Court Follows National Trend, Holds That Subcontractors’ Faulty Workmanship Is Covered Under CGL Policy

On August 4, 2016, the Supreme Court of New Jersey issued a decidedly pro-policyholder ruling in Cypress Point Condominium Association, Inc. v. Adria Towers, L.L.C., holding that water damage caused by a subcontractor’s faulty workmanship was covered under the property developer’s Commercial General Liability policies.  Evanston Insurance Company and Crum & Forster Specialty Insurance Company… Continue Reading
Construction Insurance, General Liability, Policy Interpretation

Subcontractor’s Defective Work Covered Under CGL Policy, Iowa Supreme Court Holds

Last month, in a lengthy decision over the dissent of three justices, the Iowa Supreme Court joined the ranks of state high courts to conclude that defective work performed by a subcontractor is covered under the standard Commercial General Liability (CGL) policy held by almost all general contractors today. The case arose from the construction… Continue Reading
Duty to Defend, Duty to Indemnify, Policy Interpretation

Fourth Circuit Affirms Denial of Coverage for Accidental Gunshot Injury

On April 14, the Fourth Circuit held that an insurer owed no defense or indemnity coverage for an underlying personal injury suit against the policyholder’s employee, a security guard who accidentally shot a friend while socializing at the business off-hours. The court concluded that the firing of the gun was not within the scope of… Continue Reading
Allocation, Asbestos, Exhaustion, Long-Tail Claims, Policy Interpretation

Big Win for Policyholders in NY: “All Sums” Allocation, Vertical Exhaustion Apply

On May 3, 2016, the New York Court of Appeals issued a much-anticipated and significant decision on allocation and exhaustion issues in the context of long-tail liability insurance.  The case was styled Viking Pump, Inc. v. TIG Ins. Co., and the New York court ruled on two certified questions of New York law submitted by… Continue Reading