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Are innocent co-insureds excluded from application of exclusionary clauses?
Can insurance coverage be denied on the basis that events resulting in loss could not possibly be contemplated by the parties when the contract was made?
Do personal injury provisions of the CGL policy cover wrongful eviction?
Does an insurer have a duty to defend an action for breach of fiduciary duty against an insured?
Has a breach of fiduciary duty been interpreted by the courts to be more akin to “negligence” (and therefore included in an errors and omissions policy), or to “fraud” (and therefore excluded from an errors and omissions policy)? FACT SUMMARY The client has an errors and omissions policy under which acts of fraud are specifically excluded from coverage, though acts of negligence are indeed included in coverage. The specific wording of the exclusionary clause excludes, “any claim alleging fraud, dishonesty, criminal or malicious acts”. The client has allegedly breached a fiduciary duty he owed to certain parties. Counsel asks whether the courts have interpreted breaches of fiduciary duty to be more akin to negligence, and thus included in the errors and omissions policy, or to fraud, and thus excluded from the policy.
Has a breach of fiduciary duty been interpreted by the courts to be more akin to “negligence” (and therefore included in an errors and omissions policy); or to “fraud” (and therefore excluded from an errors and omissions policy)?
Has repeated abuse over many months and years been held to constitute one “occurrence” per policy period or otherwise?
How has the case law interpreted clauses in a homeowner's insurance policy excluding claims arising from a business use of residential premises?
If a non-professional (i.e. a technician) performs “professional services” are they caught by a professional exclusion clause?
Is a clause in a Homeowners Insurance Policy that allows coverage for contractual liability for damage occurring after a contract for purchase and sale is entered into sufficient to deny coverage to the defendant for damages stemming from deficiencies to the home?
Is a driveway and materials for use in construction of the driveway considered a “structure”?
What are institutional sexual abuse liability claims?
What are the automobile exclusions in General Liability Policies?
What is the current state of the law with respect to insurance exclusion clauses in CGL policies?
What is the effect of reserving rights against co-insured by an insurer and does it give the insured right to an independent counsel?
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