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Tag Archives: Exclusion

Insurance – Duty to Defend – Exclusion – Tort/Negligence – Defamation – Labor & Employment (access required)

Universal North America v. Frey The homeowners’ policy issued by the insurer to defendant excludes coverage for “personal injury” that is “sustained by any person as a result of an offense directly or indirectly related to the employment of this person by an ‘insured.’”

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Real Property – Title Insurance – Exclusion – Spoilage Easement – Building Permit Ban – Public Record (access required)

Whitlock v. Stewart Title Guaranty Co. A title insurance policy’s exclusion for loss resulting from government police power or regulation concerning land use and improvements on the land does not apply “to violations or enforcement of these matters which appear in the public records at Policy Date,” which was Oct. 30, 2006. The exclusion thus does not apply to an Army Corps of Engineer spoilage easement on record since the 1930’s, nor does it apply to a 2003 county resolution which prohibits building permits except to replace existing structures.

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