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Insurance

Dec. 9, 2025

Are 'catch-all' exclusions enforceable?

Liability insurers' use of catch-all language in Intellectual Property and Habitability exclusions -- designed to eliminate coverage for entire mixed lawsuits -- may conflict with California Insurance Code section 530.

Dominic Nesbitt

Of Counsel
Franklin Soto Leeds LLP

Email: dnesbitt@fsl.law

See more...

Are 'catch-all' exclusions enforceable?
Shutterstock

Liability insurers have for several years employed "catch-all" language to broaden the scope of Intellectual Property and Habitability exclusions. These exclusions purport to eliminate coverage for an entire lawsuit that alleges an intellectual property infringement or habitability violation - even if the lawsuit also alleges other explicitly covered claims.

While California courts have generally enforced these exclusions as unambiguous, no court has ye...

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