Contractual Liability Exclusion Bars Coverage Beyond Narrow Circumstances

Gilbert Texas Constr., L.P. v. Underwriters at Lloyd’s London, 327 S.W.3d 118, 130 (Tex. 2010) CONTRACTUAL LIABILTY EXCLUSION BARS COVERAGE BEYOND NARROW CIRCUMSTANCES WHERE THE INSURED ASSUMES LIABILITY OF ANOTHER PERSON EXCEPTED The underwriter’s interpretation of the policy was the only reasonable one. Its scope was not limited to indemnity and hold harmless…

Directors & Officers Insurer Had To Pay For Damages Caused By A “Wrongful Act” Despite “Personal Profit” Exclusion And a Conviction

Wintermute v. Kansas Bankers Surety Co., 630 F.3d 1063, 1069 (8th Cir. (Mo.) 2011) (Arkansas law) Reversing district court, “personal profit” exclusion did not bar indemnity for a “loss” for a “wrongful act” because of “in-fact” language which required adjudication against insured despite the insured’s conviction for a criminal act.

Gauntlett on IP Insurance

INTELLECTUAL PROPERTY / FALSE ADVERTISING

Exclusions

Contractual Liability Exclusion Bars Coverage Beyond Narrow Circumstances

Directors & Officers Insurer Had To Pay For Damages Caused By A “Wrongful Act” Despite “Personal Profit” Exclusion And a Conviction