Tag Archives: Exclusion

Court Says the Development of a Disabling Condition after Surgery for an Unrelated Condition Does Not Preclude Recovery of ERISA Disability Benefits under Pre-Existing Condition Exclusion

Insurance companies often seek to exclude insureds from coverage through their long-term disability (“LTD”) plans by asserting the pre-existing condition exclusion.  If an applicant for LTD benefits has a non-disabling condition or becomes disabled as a result of a condition … Continue reading

Posted in Insurance | Tagged , , , , , , , , , , , , , , | Leave a comment

“My Least Favorite Exclusion Challenged by Milk’s Favorite Cookie”

Welcome back.  Unless you never left, in which case you’re probably having a smoother morning than I am.  If you’re reading this, we’re both having better mornings than Mondelez International, Inc. had on June 27, 2017, when the company was … Continue reading

Posted in Technology & Cyberlaw | Tagged , , , , , , | Leave a comment

Exclusion Error

Now, if you look closely . . . Rainforest Chocolate, LLC v. Sentinel Insurance Co., Ltd., 2018 VT 140By Andrew Delaney Insurance coverage can be a tricky beast. Exclusions can be fluffier than an Arctic Fox’s fur coat. And sometimes, in … Continue reading

Posted in Judiciary | Tagged , | Leave a comment

The English High Court provides much needed guidance on the effectiveness of sanction exclusion language, following the USA’s withdrawal from the JCPOA

After a tumultuous year in the Iranian sanctions landscape, much needed guidance is starting to trickle down through the English courts as to the scope and application of the US secondary sanctions and the EU Blocking Regulation regimes. On 12 … Continue reading

Posted in Admiralty-Maritime Law | Tagged , , , , , , , , , , , , , , | Leave a comment

Second Circuit: Excess D&O Policy’s Warranty Statement Exclusion Precludes Coverage

The Second Circuit recently took up the insurance coverage dispute arising out of the high profile enforcement action the SEC pursued against hedge fund Patriarch Partners and its CEO, Lynn Tilton. The district court had ruled that coverage under the … Continue reading

Posted in Corporate Law | Tagged , , , , , , , , , | Leave a comment