Archives: Mold Exclusion

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Mold Exclusion: Louisiana Federal Court Interprets Exclusion And Endorsement

Many insurance policies include exclusions that are modified by endorsement. An analysis of the specific language in both the exclusionary provision and the modifying endorsement are critical in determining whether a peril is excluded by the policy. Evonthe Hayes v. Southern Fidelity Insurance Company, 2014 U.S. Dist. LEXIS 14692 (E.D. La. October 15, 2014) involved … Continue Reading

Insurance Fraud Case: Second Circuit Addresses Adverse Inference Instruction, Restitution For Prior Payments

In insurance fraud cases involving actual or alleged destruction of evidence by the insured, an issue often arises regarding whether an adverse inference instruction is appropriate, and, if so, what form it should take. The Second Circuit recently approved a “light” form of adverse inference instruction that allowed the jury to make an adverse inference … Continue Reading
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