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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David Buishas and Elisabeth Ross Offer Insights on Recent Ninth Circuit Arguments in COVID-19 Business Interruption Cases in Law360

August 2021 | Category: Articles and Presentations, News

In a recent Law360 industry analysis, BatesCarey’s David J. Buishas and Elisabeth C. Ross address arguments made earlier today in the Ninth Circuit from policyholders and insurers in three suits over whether business interruption coverage extends to pandemic-related losses, foreshadowing the many cases pending before federal appellate and trial courts.

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Adam Fleischer Examines Reconsidered Insurance Ruling Clarifying Excess Coverage for Opioid Suits

May 2021 | Category: Articles and Presentations, News

In a recent Law360 piece, Adam analyzes the reconsidered ruling in Giant Eagle v. American Guarantee, et al., which provides assurance to excess carriers that opioid defendants facing millions of dollars in defense costs cannot use those costs as a means to leapfrog their primary coverage and proceed up their insurance towers to reach excess layers.

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