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The US Court of Appeals for the Ninth Circuit has ruled that an insurance company could not rely on two “war” exclusions in the policy to deny coverage to the insured for damages that the insured suffered after Hamas fired rockets from Gaza into Israel. The case is Universal Cable Prods., Ltd. Liab. Co., v. Atl. Specialty Ins. Co., No. 17-56672, 2019 U.S. App. LEXIS 20704 (9th Cir. July 12, 2019.)

In June and July 2014 Hamas, a Palestinian Sunni-Islamist fundamentalist organization, fired rockets from Gaza into Israel. Due to those threats, Universal Cable Productions, LLC and Northern Entertainment Productions, LLC (together, “Universal”) moved the production of television series “Dig” out of Jerusalem where it was originally being filmed. To facilitate this move, Universal incurred several significant expenses and filed an insurance claim for coverage of those costs under a television production insurance policy it had obtained from Atlantic Specialty Insurance Company.

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