City of Chesapeake Virginia v. State Self-Insurers
Year 2004
Court Virginia Supreme Court
Case Number 51986
Issue
  • Exclusions
State
  • Virginia

History is squarely on the side of policyholders fighting against over reaching and unreasonable applications of so-called absolute total pollution exclusions. United Policyholders urged the Court to ensure that representations made by insurance companies as to the meaning of exclusions when adopted remain the standard by which the application of these provisions is later judged.

Related Docs
Author UP's brief was written pro bono by John G. Nevius, Richard P. Lewis and Greg Hansen of Anderson Kill & Olick, PC
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The purpose of UP’s brief was to educate the court on a wide range of insurance policy exclusions that are creating claims disputes.
Loyal Crownover vs. Traveler’s Casualty & Surety
Year: 2002
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Case Number: Docket No. 40234
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Exclusions in a policy cannot be buried in the boilerplate verbiage of the grant of coverage. In this policy the promise of a defense under these circumstances was clear and invoked the insurer’s duty to defend.
Silver Sage Partners, Ltd. vs. City of Desert Hot Springs et al.
Year: 2002
Court: U.S. Court of Appeals, 9th Circuit
Case Number: 02-57082, 03-55394
Issue:
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  • Poor draftsmanship
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Where an insurer chooses to draft an exclusion that does not clearly and unambiguously apply to a specific claim, it cannot argue, after the fact, for a contrary interpretation. Poor draftsmanship cannot support an insurer’s argument for a narrow underwriting construction of coverage.