Absolute Exclusions in Liability Insurance Policies: Coverage, Claims, and Drafting Traps for Lawyers

This CLE webinar will discuss the dangers of absolute exclusions and offer policyholder counsel guidance and practical approaches for minimizing the effect of "absolute" policy language.

An absolute exclusion defeats coverage in situations where it could reasonably be expected to apply. For example, an engineering firm was sued for negligently conducting an environmental impact study but the E&O carrier denied malpractice claims on grounds it related to any form of pollution regardless of causation. The list of examples has only grown in recent years. 

Some specialty lines policies are written with a significant number of their exclusions on an absolute basis. Courts are liberally interpreting these exclusions to apply to situations where the insured has little or no connection with the person who triggered the absolute exclusion. This is a change from prior times when the exclusionary categories applied to the conduct or resultant harm as caused by the "insured(s)." 

Policyholders do have some ways of attempting to protect themselves from losing expected coverage, but they must be proactive on the front end. 

Listen as our vastly experienced speaker and prolific author highlights the perils of absolute exclusions and offers guidance for avoiding them and minimizing the risks.