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Insurance claim barred because of once-and-for-all rule (US)

Insurance claim barred because of once-and-for-all rule (US)

21 September 2017

A New Jersey appeals court held that a contractor’s lawsuit against the insurer demanding cover for a claim against the contractors arising from a construction defect was barred because the claim should have been brought in a previous lawsuit that had freed the insurer from any duty to defend the third party claim.

Aggregation of claims for related transactions

Aggregation of claims for related transactions

21 September 2017

Where a policy aggregated claims for ‘similar acts or omissions in a series of related matters or transactions’ the enquiry was whether there was a real connection between the transactions in which they occurred.

Insurance exclusion for ‘that particular part’ on which ‘performing operations’ (US)

Insurance exclusion for ‘that particular part’ on which ‘performing operations’ (US)

20 September 2017

The insured subcontracted a builder to build 53 prefabricated modular units for its residential blindness rehabilitation facility. The insurer denied an indemnity for water damage under a partly completed roof saying that the applicable exclusion barred coverage for ‘that particular part’ of property on which the policyholder or its subcontractors ‘are performing operations’.

Court restates principles relating to the duty of utmost good faith in insurance contracts (UK)

Court restates principles relating to the duty of utmost good faith in insurance contracts (UK)

15 September 2017

A UK court has found that an insurer is entitled to avoid a policy where the insured had misrepresented the state of repair of the insured property and failed to disclose malicious acts and vandalism which had the effect of increasing the risk of fire in the property.

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Appeal Court confirms insurer liable to indemnify insured for failure to assess the risk of a schizophrenic prison inmate (Australia)

Appeal Court confirms insurer liable to indemnify insured for failure to assess the risk of a schizophrenic prison inmate (Australia)

13 September 2017
Struck off doctor practising without insurance refused appeal (UK)

Struck off doctor practising without insurance refused appeal (UK)

13 September 2017
Cover under US liability policy does not extend to arson by hospital patients

Cover under US liability policy does not extend to arson by hospital patients

11 September 2017
US court upholds Lloyd’s flood exclusion

US court upholds Lloyd’s flood exclusion

05 September 2017
Relief for homeowners, banks as ConCourt rules on historical debt

Relief for homeowners, banks as ConCourt rules on historical debt

29 August 2017
One tree falling on three victims is one insurance occurrence

One tree falling on three victims is one insurance occurrence

28 August 2017
Reinstatement of cover only when claim paid

Reinstatement of cover only when claim paid

24 August 2017
When is cover extended to companies in which insured has ‘majority interest?’ (US)

When is cover extended to companies in which insured has ‘majority interest?’ (US)

15 August 2017