BatesCarey Establishes Kentucky Precedent on Malicious Prosecution Coverage Trigger

March 2022 | Category: News

In a ruling of first impression, a Kentucky state court held that the “personal injury” inflicted by malicious prosecution “occurs” at the time of wrongful charging for purposes of triggering insurance coverage in adopting BatesCarey’s argument that the subsequent years of a claimant’s incarceration and suffering constitute resulting “damages” but not new “personal injuries” triggering multiple policy periods.

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Court Enforces Primary-Residence Exclusion in Boat and Personal Watercraft Policy

February 2022 | Category: Articles and Presentations

In Progressive Garden State Ins. Co. v. Metius, a federal district court held that a boat qualified as its owner’s “primary residence,” and after the boat burned and the boat owner filed a claim with its insurer to recover damages, the court held that the insurer’s “primary residence” exclusion in a Boat and Personal Watercraft Policy barred coverage.

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