Tag archives: Exclusion

Interpretation of an EAR Policy’s defect exclusion clause

By Donald Dinnie on March 5, 2020 Posted in Insurance

A Greek appeal court was recently called upon to interpret the exclusion under the Contractors’ Erection All Risks Policy which read: “the insurer shall not Indemnify the Insured for … The cost of replacement, repair or rectification of loss due to defective material and/or workmanship. This exclusion shall be limited to the insured items directly … Continue reading

Who is the “user” of an insured vehicle?

By Patrick Bracher (ZA) on March 15, 2016 Posted in Insurance

A US construction worker was fatally shocked while repairing a bridge. He was working on a platform scissor-lift mounted on a truck owned by his employer construction company. He was working on a bridge owned by New Jersey Transit. His widow claimed damages from the New Jersey Transit company. NJT then sought cover under the … Continue reading

Gym claim for nude taping suits excluded as mental abuse

By Patrick Bracher (ZA) on October 28, 2015 Posted in Insurance

A court in North Carolina USA found that the insurers of a gym did not have to cover two underlying lawsuits resulting from a former employee allegedly videotaping female patrons undressing in a tanning bed. The claim was excluded by the sexual and/or physical abuse exclusion. The court held that the sexual and physical abuse … Continue reading

Two US lessons for insurers for intentional harm claims

By Patrick Bracher (ZA) on February 4, 2015 Posted in Insurance

A New York appeals court refused to allow insurers to invoke a dishonest acts exclusion to avoid a bank’s claim for the indemnity of a $200 million fine paid to regulators. The clause read “This policy shall not apply to any claim made against the insured based upon or arising out of any deliberate, dishonest, fraudulent … Continue reading

Insurance coverage for bullying

By Donald Dinnie on January 7, 2015 Posted in Insurance

An insurer was required by a Canadian court to provide an indemnity under a comprehensive homeowner’s property and liability insurance policy to the parents of a child who bullied another pupil. The insurer argued that the injuries claimed by the plaintiff were a result of an intentional act of assault, threatening and bullying. The policy … Continue reading

Contractual liability exclusions in insurance policies

By Patrick Bracher (ZA) on May 9, 2014 Posted in Insurance

Insurers cannot use the contractual liability exclusion in a construction policy to deny coverage for defective work unless the builder assumes special liabilities in the contract that they would not otherwise have had. This was held in a long-awaited decision in Texas USA (Ewing Construction Co v American Insurance Co). The outcome should be similar … Continue reading