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Vol. 9 - Issue 6
September 23, 2020


This Line From A Coverage Decision Made Me Smile


I couldn’t help but smile when I saw this line in the court’s opinion in Landmark Am. Ins. Co. v. Shurwest LLC, No. 19-4743 (D. Ariz. July 23, 2020):  “Landmark further alleges that coverage is precluded by Exclusions A, B, D, F, G, I, K, L, M, O, P, S, W[.]”

But wait, the insurer also maintained that two more exclusions applied [which seemingly were not identified by letters]: “Owned or Other Affiliated Entity” exclusion and “Violation of Consumer Protection Laws” exclusion.

So that makes 15 exclusions allegedly applicable.  Needless to say, the insurer thought it had a pretty good case.

So did the insurer win, you are no doubt wondering?  How could it have lost?  But I don’t know.  The decision was tedious.  It is one of those where it’s actually hard to tell who won.  And I didn’t have the patience to try to figure it out.  But I was amused by that line.]

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