Monthly Archives May 2018

Middle District of Florida Applies Bar/Tavern Exclusion to Claim Tendered by Security Company

In Mt. Hawley Ins. Co. v. Tactic Security Enforcement et al., the United States District Court for the Middle District of Florida examined a claim for the defense and indemnification of two lawsuits against the policyholder security company, alleging inadequate security with regard to shooting incidents at a facility where the policyholder provided services. The subject policy contained language excluding coverage for “[a]ny and all operations involving bars, taverns, gentlemen’s clubs and nightclubs.” The plaintiff insurer brought an action seeking a declaratory judgment that it was not required to provide coverage. At trial, the sole issue for the jury was
Read More

New Jersey Court Remands Summary Judgment in Favor of Insurers in Superstorm Sandy Policy Dispute Due to Trial Court’s Failure to Specify Grounds for Decision

In Doerfler v. Federal Ins. Co., the Appellate Division of the New Jersey Superior Court examined lawsuits brought by a policyholder against two insurers with regard to the denial of claims for damage to a residence arising from Superstorm Sandy. In each case, the insurer had denied coverage based upon the policy’s surface water exclusion. The policyholder asserted breach of contract and bad faith claims against the insurers. The bad faith claims were severed pending resolution of the breach of contract claims. Following discovery, the trial court granted the defendant insurers’ motions for summary judgment and denied the plaintiffs’ cross-motions
Read More