Insurance Coverage Exclusions for Known Loss, Prior Knowledge, and Prior Notice: Evolving Judicial Standards
Advocating Scope of the Exclusions From the Policyholder and Insurer Perspectives
Recording of a 90-minute CLE webinar with Q&A
The CLE webinar will address liability policy exclusions designed to preclude coverage for potential liabilities known to the insured when applying for coverage. The panel will provide insights into the evolving standards for how courts construe such provisions, whether such exclusions apply to innocent insureds, and the tools savvy counsel can deploy to limit client exposure.
- Introduction to prior knowledge exclusions
- Known loss
- Prior knowledge
- Prior notice
- Analysis of recent case law
- Best practices for limiting client exposure
The panel will review these and other contentious questions:
- What is the elusive key to determining the difference between known and unknown losses?
- What is considered to be a claim that is "reasonably foreseeable"?
- When do the insured's subjective impressions and opinions play a dispositive role?
- When do judges find that the prior knowledge exclusion does not apply or that issues of material fact exist that prevent the court from granting an insurer summary judgment?
- What are the most recent case law developments on the scope and applicability of these exclusions?
Jane M. Byrne
Quinn Emanuel Urquhart & Sullivan
Ms. Byrne, Co-Chair of the firm’s Insurance and Reinsurance Litigation Group, has been consistently recognized as... | Read More
Ms. Byrne, Co-Chair of the firm’s Insurance and Reinsurance Litigation Group, has been consistently recognized as one of the very best litigators in the nation in the areas of insurance coverage and reinsurance. She advises a who’s who of domestic and international insurers in high-value coverage disputes, reinsurance litigation and arbitration, and transactional disputes. Ms. Byrne represents American International Group, Infrassure, QBE, Great American Insurance Co., Berkshire Hathaway, and HDI-Gerling, among other insurers, in high-stakes, high-value matters.Close
Danielle L. Gilmore
Quinn Emanuel Urquhart & Sullivan
Ms. Gilmore, Chair of the firm’s National Insurance Recovery Practice, is an accomplished litigator with an... | Read More
Ms. Gilmore, Chair of the firm’s National Insurance Recovery Practice, is an accomplished litigator with an expertise in structured finance, securities and insurance recovery litigation. She has represented policyholders against nearly every major insurer and in a wide range of coverage matters, including coverage for both first-party and third-party losses and liabilities. Ms. Gilmore has recovered well over $2 billion in verdicts, judgments and settlements. She also represents plaintiffs in her structured finance and securities practice and has appeared against nearly every major financial institution, including in over 20 pending and resolved cases involving mortgage-backed securities.Close
Paul S. White
Wilson Elser Moskowitz Edelman & Dicker
Mr. White focuses his practice on complex insurance coverage and bad faith litigation and represents defendants in... | Read More
Mr. White focuses his practice on complex insurance coverage and bad faith litigation and represents defendants in commercial litigation. His insurance coverage practice includes advising and representing insurers in bad faith litigation and insurance policy disputes, including first-party property policies, general liability coverage, E&O insurance, and media liability insurance. Mr. White also advises and represents insurers in subrogation actions on property losses. In addition, he has litigated and arbitrated disputes throughout the U.S. involving domestic and foreign insurance agents and brokers in all lines of coverage. He has broad experience in the business practices of all types of insurance intermediaries, including brokers at every level in the broking process, from producers to managing general agents to London Market brokers.Close