Gulf Insurance Company v. Transatlantic Reinsurance, et al.
Year 2003
Court
Case Number New York Supreme Court, Appelate Division, First Department
Issue
  • Exclusions
State
  • New York

The purpose of UP’s brief was to educate the court on a wide range of insurance policy exclusions that are creating claims disputes.

Related Docs
Related Cases
Banerji, Julian vs. John Hancock Life Insurance and Unum Provident
Year: 2003
Court: Massachusetts Supreme Court
Case Number:
Issue:
  • Exclusions
State:
  • Massachusetts
Gulf Insurance Company v. Transatlantic Reinsurance, et al.
Year: 2003
Court:
Case Number: New York Supreme Court, Appelate Division, First Department
Issue:
  • Exclusions
State:
  • New York

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
Court: Nevada Supreme Court
Case Number: Docket No. 40234
Issue:
  • Exclusions
State:
  • Nevada

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:
  • Exclusions
  • Poor draftsmanship
State:
  • California

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.