When it comes to an exclusion of coverage, the carrier is often arguing that the exclusion is enforceable. The person arguing for coverage will often argue that the exclusion is just a "technicality". In the case of Griffin v. Old Republic Ins. Co., … [Continue reading]
Organization Of Opinion Letters
Just last week, I provided a client (let’s call her Mary Smith) a coverage opinion letter relating to one of her company’s claims. Ms. Smith called to thank me for the opinion letter and discuss its contents. At the end of the conversation Ms. … [Continue reading]
A Definition Of Accident
In virtually all liability policies, there must be an “occurrence” before there is coverage. Many policies define an “occurrence” as an “accident”. In other words, where there is no “accident”, there is no homeowner’s liability coverage. But what … [Continue reading]
Is My Teenage Daughter In Business As A Babysitter?
Trying to make a few dollars has always been a real struggle. However, you don’t have to be earning much money to be thought of as being in business for yourself. At least that appears to be the position of the Nevada Supreme Court in the case of … [Continue reading]
Voluntary Intoxication Does Not Eliminate Intent
As excuses go, it is pretty well worn: “I was so drunk that I didn’t really mean to hurt anyone”. But in cases involving voluntary intoxication, it hasn’t been a very successful excuse when argued to courts. And it didn’t work before the Nevada … [Continue reading]