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Kinsale Insurance Co. v. Flyin’ Diesel Performance & Offroad, L.L.C.

Court: 5th Cir  04/26/2024  Fifth Circuit Reverses Finding of Ambiguity and Duty to Defend

The Fifth Circuit Court of Appeals held that the district court erred in finding commercial general liability policy ambiguous because the policy must be construed as a whole and the exclusions set forth in endorsements for Coverage for Designated Events - Commercial General Liability and Absolute Exclusion - Motorized Vehicles apply to preclude to any duty to defend the insured and the policy was not rendered illusory based on the number of exclusions.

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