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Expanding Government Action Exclusion: Insurer and Policyholder Perspectives

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, July 31, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, July 18, 2025

or call 1-800-926-7926

This CLE webinar will guide insurance counsel through the government action exclusion found in homeowners and commercial property and auto insurance policies, explore why it is increasingly being read to exclude losses only incidentally related to government actions, review differing court interpretations of the exclusion, and offer best arguments for insurers and policyholders for either avoiding or maximizing coverage.

Description

As with other policy exclusions, the government action exclusion is rife with ambiguities that courts across different jurisdictions have interpreted in unexpected and sometimes unanticipated ways. Originally intended to preclude coverage where the covered property had been damaged or taken by a government as a result of the insured's use of the property in criminal or illegal conduct, the exclusion has been extended in some cases to preclude coverage for innocent insureds indirectly related to some government action against another.

The government action exclusion is increasingly raised and litigated in the context of calamities like the California wildfires or Hurricane Helene, when governments take action to prevent riots and looting, or with respect to demolition or clean up.

Insurers are increasingly successful with arguments that coverage does not exist if a government's action, and in one case, the failure to act, can be connected, however remotely, to the damage claimed. While civil authority coverage might seem like a solution, it often leaves significant gaps. To complicate matters further, private equity is purchasing insurer subrogation rights for a fraction of what can be recovered from the primary tortfeasor.

Listen as our authoritative panel of practitioners discusses the scope of the government action exclusion, the most recent case law developments, and perspectives for both insurers and policyholders.

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Outline

  1. Introduction
  2. Government action exclusion language
  3. Direct vs. indirect government action
  4. Important and recent decisions

Benefits

The panel will review these and other important issues:

  • Must governmental actions be explicitly authorized?
  • What is the cause of a "loss" if a covered peril renders a building unfit for use and a governmental order requires its demolition?
  • Must the government action be directed at policyholder property?

Faculty

Deckman, Mark
Mark L. Deckman

Partner
Dentons

Mr. Deckman is a Partner in Dentons’ Insurance practice in the Firm’s New York office. His practice...  |  Read More

McCormack, Aidan
Aidan M. McCormack

Partner
Dentons

Mr. McCormack is a Partner in Dentons’ Insurance practice in the Firm’s New York office. He has...  |  Read More

Wilson, Bill
Bill Wilson, CPCU, ARM, AIM, AAM

Founder & CEO
Insurance Commentary

Mr. Wilson is the founder and CEO of Insurance Commentary.com and the author of six books, including two insurance...  |  Read More

Attend on July 31

Early Discount (through 07/18/25)

Cannot Attend July 31?

Early Discount (through 07/18/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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