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 video webinar with Q&A
The CLE course 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
McDermott Will & Emery
Ms. Byrne focuses her practice on insurance litigation. She advises an array of well-known domestic and international... | Read More
Ms. Byrne focuses her practice on insurance litigation. She advises an array of well-known domestic and international insurers in high-value coverage disputes, reinsurance litigation and arbitration, and transactional disputes.Close
Guyon H. Knight
McDermott Will & Emery
Mr. Knight represents insurers and reinsurers in high-stakes coverage and bad faith disputes across the country. He has... | Read More
Mr. Knight represents insurers and reinsurers in high-stakes coverage and bad faith disputes across the country. He has been ranked by Legal 500 as a recommended lawyer for advice to insurers. Mr. Knight has extensive experience with the various phases of litigation and arbitration, including arguing dispositive and procedural motions; taking and defending fact and expert witness depositions; evaluating claims and drafting complaints; briefing motions to dismiss, motions for summary judgment, motions for preliminary equitable relief, Daubert motions, discovery motions, and appeals; mediating disputes; and going to trial and arbitration. He has also represented clients in litigation and arbitration in a wide range of fields, including financial products, complex contracts, class actions, trademarks, trade secrets, trusts and probate, and the False Claims Act.Close