Category Archives: Coverage Defenses

2014 Indiana Legislative Update #3

The gay marriage bill may be getting all the media attention in Indiana these days, but there’s so much more going on in the General Assembly, as shown in the third Indiana Legislative Update from our friends at Bose Public … Continue reading

Posted in Health Insurance, Life Insurance, Pollution Exclusion, Regulation | Tagged , , , | Leave a comment

Jones Presents at National Business Institute’s “Insurance Law 2013” Seminar

On February 28, 2013, Brian Jones–co-chair of the firm’s insurance group and the founder of this blog–presented at the National Business Institute’s “Insurance Law 2013” Seminar in Indianapolis, Indiana.  His topics were “Indiana Insurance Law 2012” and “Current Issues in … Continue reading

Posted in CGL, Environmental, Health Insurance, Notice-Prejudice Rule, Property/Casualty Insurance | Tagged , , , , , | 2 Comments

Georgia Rejects Reservation of Rights Defense Where Insurer Denies Coverage

In Hoover v. Maxum Indemnity Company, a majority of the Supreme Court of Georgia ruled that an insured cannot disclaim coverage on one ground and reserve its right to disclaim on another.  The Court, applying Georgia law, reversed the Georgia … Continue reading

Posted in Bad Faith, CGL, Commercial Lines, Coverage Defenses, Litigation | Leave a comment

Indiana Court of Appeals: Batteries Not Included

The Indiana Court of Appeals has denied coverage for two bar patrons injured at a bar, applying the assault-and-battery exclusion in the bar’s CGL policy.  In Alea London, Ltd. v. Nagy, the two claimants sought coverage for injuries after one was struck … Continue reading

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Tenth Circuit Decides Haunted House’s Insurers Must Share Costs

We in the Bose Insurance Group always appreciate good stories and good writing.  And when you can combine both in law, that’s even better.  Tenth Circuit Judge Gorsuch had some hair-raising fun writing the opinion in Western World Insurance Co. v. … Continue reading

Posted in Claims Made, Commercial Lines, Coverage Defenses, Health Insurance, Uncategorized | Tagged , , | Leave a comment

Indiana Supreme Court Thrice Finds “Absolute Pollution Exclusion” Is Ambiguous

The Indiana Supreme Court has held, for the third time, that the “absolute pollution exclusion” is ambiguous, affirming summary judgment in favor of coverage. In State Auto. Mut. Ins. Co. v. Flexdar, Inc., the insured discovered a chemical called TCE … Continue reading

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Fourth Circuit Finds Partial Coverage for FLSA Violation

The Fourth Circuit recently held that an insured’s failure to pay its employees’ wages in accordance with the Fair Labor Standards Act triggered the insurer’s duty to defend under a commercial package insurance policy.  In Republic Franklin Ins. Co. v. … Continue reading

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Seventh Circuit Refuses to Expand CERCLA

Score one for the good guys — that is, if you occasionally root for insurance companies.  ESBC was running a business model predicated on charging insureds and insurers thousands of dollars for post-accident environmental cleanups, based on the contention that … Continue reading

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Predicting Indiana UM/UIM Decisions Is “A Team” Effort

OK, we’re dating ourselves with this one.  But if B.A. Baracus was a coverage attorney he would “pity the fool” who attempted to predict Indiana UM/UIM decisions.  In 2006, the Indiana Court of Appeals in Kinslow v. Geico Ins. Co. … Continue reading

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Court Denies Coverage for Carmel, IN, Soccer Team

In June of 2004, 17 players and two coaches of a local youth soccer team, Carmel Commotion, were involved in a car accident while attending a tournament in Colorado.  The team was riding in a rented van, en route to … Continue reading

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