Endorsement Overrules Body of Insurance Policy

0
4K

Endorsement Makes Supplemental Exclusion an Addition to Policy Wording Even Though Excess Policy “Follows the Form” of the Primary Policy

Read the full article at https://www.linkedin.com/pulse/endorsement-overrules-body-policy-barry-zalma-esq-cfe and at https://zalma.com/blog plus more than 34500 posts. 

After Tile Shop Holdings, Inc. settled multiple lawsuits with its shareholders, it sought indemnification under its directors-and-officers insurance policies. Its excess insurer, Allied World National Assurance Company, denied coverage. Tile Shop sued, but the district court granted Allied’s motion for summary judgment. In Tile Shop Holdings, Inc. v. Allied World National Assurance Company, No. 19-2404, United States Court of Appeals For the Eighth Circuit (December 7, 2020) Tile Shop asked the Eighth Circuit to rule that an Endorsement to a Follow Form Policy was not effective to deprive it of coverage.
ZALMA OPINION

The Eighth Circuit read the policy as an entirety and concluded, as the wording of the policy required, that the endorsement added an exclusion and that the Allied policy provided no coverage for wrongful acts that occurred before August 20, 2012 and that, therefore, it owed nothing to Tile Shop.

Sponsored

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Search
Categories
Read More
Other
Arbitration Awards will be Confirmed Absent Obvious Error
Insurance Settlement’s Arbitration Provision Resolves Disputes Regarding Asbestos Claims...
By Barry Zalma 2021-05-05 12:39:06 0 5K
Other
Fraud Can Be Proved by Showing a Predetermined Treatment Protocol
RICO Action Against Medical Providers Raises Discovery Difficulties Read the full article at...
By Barry Zalma 2021-03-03 13:33:42 0 4K
Finance
Undisclosed Intent does not Create Coverage
Failure to Advise Insurer of New Car Fatal to Claim Read the full article at...
By Barry Zalma 2022-07-26 13:07:02 0 3K
Religion
where is that god
QUESTION: IN THE TIME OF MOSES AND KING DAVID, WHERE DID THE GOD OF ISRAEL LIVE, WHO CAN ANSWER?
By Nibbie Chase 2020-05-11 20:33:13 3 3K
Other
Owner of Vehicle Determines Coverage
Who’s on First? By Reading the Full Policy 7th Circuit Refuses to Accept Meaning Different...
By Barry Zalma 2021-06-30 13:16:22 0 4K