Before it falls off the edge of my desk in the crush of next week’s business, I wanted to pass along an excellent post from David Rossmiller at the insurance coverage law blog on business risk exclusions. I think anyone who has either litigated or counseled parties on claims involving business risk exclusions will recognize the frustration he references: the case law on these exclusions is generally a mess, judges often don’t understand the exclusions, and the analysis presented by courts in opinions applying these exclusions often does little more than further muddy the waters.
David, however, has found a case that doesn’t do that, and I agree. Unfortunately, it is out of the Eastern District of Wisconsin, and the court’s website does not include recent opinions issued by the court, so I can’t give you an easy, and free, link to the decision. It is out on Westlaw, however, and David has the cite.