exclusion clause
An exclusion clause is policy language that says what an insurer will not pay for.
"Policy language" matters because coverage starts with the exact words in the insurance contract, not with what a caller says over the phone. "Will not pay for" means the insurer is carving out losses, injuries, treatments, people, places, or situations that would otherwise seem covered. Common examples include intentional acts, certain preexisting conditions, late notice, work done outside a policy period, or injuries tied to a listed exception. In plain terms, the exclusion is the part of the policy the company points to when it denies a claim.
That can make or break an injury case. If an insurer relies on an exclusion clause, it may refuse to provide coverage, a defense, or payment toward a settlement or judgment. In a medical or hospital negligence claim, that can affect how much insurance money is available and which party is actually responsible for paying.
In New York, exclusions are generally read narrowly, and the insurer usually has the burden to show that the exclusion clearly applies. For bodily injury and wrongful death claims, New York Insurance Law ยง 3420(d)(2) requires a liability insurer to give written notice of disclaimer "as soon as is reasonably possible" when denying coverage based on an exclusion or similar ground. If that issue comes up in a Brooklyn malpractice lawsuit filed in Kings County Supreme Court, delay by the insurer can become a serious coverage dispute.
This article is for informational purposes only and is not legal advice. Medical malpractice laws are complex and vary by state. If you believe a healthcare provider harmed you through negligence, speak with a malpractice attorney.
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