Articles by Burke Coleman

Burke Coleman is Legal Counsel and Compliance Manager for Demotech, Inc. Burke can be contacted at bcoleman@demotech.com. This article is for informational purposes only, is not intended as legal advice, and is not a substitute for independent legal analysis and advice on a particular issue.

Ohio Supreme Court Says Ambiguity Determination Must Consider Context

The general rule holds that when a policy provision is susceptible to more than one interpretation courts should construe the ambiguity against the insurer and liberally in favor of the insured. This principle is often asserted by policyholders seeking coverage …

Non-Covered Claims May Exhaust Primary Limits, Trigger Umbrella

A recent ruling from the Fifth Circuit Court of Appeals in Louisiana clarified that an umbrella policy may be triggered even when the underlying insurance is exhausted by claims that would not be covered by the umbrella policy itself. The …

Evolving Considerations for Insurance and Cyber Risks

In a recent decision, a New York judge held that a commercial general liability (CGL) policy did not provide coverage for an online data breach where hackers stole the personal information of millions of users. The case remains subject to …

Sixth Circuit Highlights the Importance of Policy Definitions

In one of the more unusual cases interpreting terms of an insurance policy, the Sixth Circuit Court of Appeals in Cincinnati highlighted the importance of policy definitions, finding in Bennett v. State Farm Mut. Auto Ins. Co., that an “occupant” …

Wisconsin Supreme Court Narrows Definition of ‘Occurrence’

Public policy and insurance law allow insurance coverage only for fortuitous events and not for harm or loss resulting from intentional acts. To this end, insurance policies provide coverage when an injury or loss is caused by an “occurrence” which …

Wisconsin Supreme Court Narrows Definition of ‘Occurrence’

Public policy and insurance law allow insurance coverage only for fortuitous events and not for harm or loss resulting from intentional acts. To this end, insurance policies provide coverage when an injury or loss is caused by an “occurrence” which …