Expanding Government Action Exclusion: Insurer and Policyholder Perspectives

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Insurance
- event Date
Thursday, July 31, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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.
Faculty

Mr. McCormack is a Partner in Dentons’ Insurance practice in the Firm’s New York office. He has extensive experience representing clients in the financial services industry across a broad spectrum of disputes, transactions and regulatory matters. Mr. McCormack specializes in insurance and reinsurance-related litigation, arbitration and regulatory proceedings. He acts as national and global counsel for numerous companies, representing clients across the United States, United Kingdom, Europe, Australia, Asia and Bermuda. Mr. McCormack handles a diverse range of issues, including fraud, due diligence, underwriting, specialty products, D&O exposures, E&O allegations, intellectual property disputes, aviation, catastrophic first-party losses, cyber and technology claims, toxic and mass tort liabilities and entertainment books.

Mr. Deckman is a Partner in Dentons’ Insurance practice in the Firm’s New York office. His practice focuses on the representation of larger insurance companies at national and international levels. Mr. Deckman handles complex insurance coverage issues, including coverage strategies, settlements, reinsurance, directors' and officers' liability, environmental liability, product liability, professional liability and general liability matters. His clients include, Swiss Re, AXA XL, Brit Insurance, Chubb, Markel, Intact Financial Corporation, Tokio Marine and QBE, among others. Mr. Deckman also has extensive experience dealing with a wide range of London insurance market issues, such as reinsurance disputes, placement issues, first-party insurance coverage and liability/casualty insurance coverage. He has represented the London market in numerous high-exposure international arbitrations and litigations.

Mr. Wilson is the founder and CEO of Insurance Commentary.com and the author of six books, including two insurance books, “When Words Collide: Resolving Insurance Coverage and Claims Disputes” and “20/20 Vision: Why Insurance Doesn’t Cover the COVID-19 Pandemic.” He retired from the Independent Insurance Agents & Brokers of America in December 2016 where he served as Assoc. VP of Education and Research for over 17 years and was the founder and director of the Big “I” Virtual University. Mr. Wilson is the former Director of Education & Technical Affairs for the Insurors of Tennessee and, prior to that time, he was employed by Insurance Services Office, Inc. He is a graduate of the Illinois Institute of Technology with a B.S. degree in Fire Protection & Safety Engineering.
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.
Outline
I. Introduction
II. Government action exclusion language
III. Direct vs. indirect government action
IV. 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?
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