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The United States District Court for the District of New Jersey, applying New Jersey law, granted an insurer’s motion for summary judgment, finding that an insured’s claim related back to a prior policy period when the insurer was not on the risk. Baron v. Nautilus Ins. Co., 2024 WL 1375972 (D.N.J. Mar. 28, 2024). The court also held that, notwithstanding that the claim was disclosed during the application process, a specific claim exclusion in the later policy was not enforceable because the insurer inadvertently left the description of the disclosed claim off the exclusion.
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