Practices |
PROFESSIONAL LIABILITY: LAWYERS AND OTHER PROFESSIONALS
2013
Court Dismisses Claim for Coverage for a First-Party Loss Under a Third-Party Liability Policy
May 8, 2013
Malpractice Actions by Multiple Clients for Separate Services Do Not Constitute Related Claims
May 1, 2013
Court of Appeals Affirms That “In Fact” Requirement Was Triggered by Jury’s Guilty Verdict
April 18, 2013
Bond Exclusion and Insured vs. Insured Exclusions Bar Coverage for Claims Against Property Management Company
April 18, 2013
Fraud Exclusion Bars Coverage for Suit Against Bank Regarding Life Insurance Premium Loans
April 18, 2013
Allegations of Misleading Statements Regarding Scope of Coverage Not Sufficient to Support Insureds’ Fraud Claim
April 18, 2013
Prior Knowledge Exclusion Bars Coverage Where Law Firm’s Mistake Allowed a Seller to Void Client’s Deal
April 18, 2013
“Based Upon, Arising From, or In Consequence Of” Language in Exclusion Requires Causal Connection, Not Proximate Causation
April 18, 2013
Controlling Shareholder’s Bankruptcy Does Not Render Entity Insolvent; Fraud Claim Uninsurable as a Matter of Law
April 9, 2013
Claimant May Use Connecticut Direct Action Statute to Sue Carrier After Compromising Claim with Policyholder
April 9, 2013
Insurer Waives Right to Allocate Settlement
April 5, 2013
Professional Services Exclusion in D&O Policy Bars Coverage for Claims Against Financial Advisor
April 4, 2013
Factual Issues Preclude Application of Prior Knowledge Provision and Exclusions as a Matter of Law
April 4, 2013
Dishonesty Exclusion Precludes Coverage for Claim Based in Part Upon Knowingly Wrongful or Fraudulent Acts
April 4, 2013
Errors in Design of Building Exterior Not Related
March 26, 2013
Sending Unsolicited Faxes “Is Neither the Rendering Nor the Failure to Render Professional Services”
March 7, 2013
Mortgage Backed Securities Are Not “Securities of an Organization”
February 28, 2013
Supplemental Extended Reporting Period Does Not Supplant Automatic Extended Reporting Period
February 25, 2013
Court Rejects Insured’s Motion to Stay Coverage Action Pending Resolution of Underlying Claims
February 20, 2013
No Common Interest Exception to Attorney-Client Privilege for Insurer Paying Defense Costs
February 19, 2013
Prior Notice Exclusion Does Not Bar Coverage Where Notice of Circumstances Was Not Valid under Prior Policy
February 15, 2013
No Estoppel Because Excess Insurer Has No Duty to Reserve Rights in the Absence of a Duty to Defend
February 15, 2013
Excess Policies Do Not Attach When Policyholder Cannot Prove that Settlements with Underlying Insurers Exhausted Policy Limits
February 14, 2013
No Coverage for Breach of Contract Claims
February 14, 2013
District Court: “Other Insurance” Provisions Mutually Repugnant and “Loss” Does Not Require That Insureds Pay Settlement
February 11, 2013
Rescission Applicable to Coverage for “Innocent Insured”
February 11, 2013
Prior Knowledge Exclusion Inapplicable Where Imputation Unavailable
February 4, 2013
Prior Knowledge of Previously Affiliated Attorney Bars Coverage For Action Against Insured Law Firm
January 31, 2013
Complaints of Discrimination Based on National Origin Alleging "Same Basic Acts" of Discrimination Deemed Interrelated
January 30, 2013
Policy Affords No Coverage to Law Firm for Claim Arising from Attorney’s Business Enterprise
January 25, 2013
When Other Insurance Provisions Conflict, Standard Escape Provisions Will Not Prevail over Excess Provisions
January 24, 2013
Bankruptcy Court Exercises Jurisdiction Over Trustee’s Adversary Proceeding Against Insurer
January 18, 2013
Hurricane Damage Claim Barred by Property Damage Exclusion
January 18, 2013
California Court Enforces Professional Services Exclusion
January 15, 2013
Insured Gave Adequate Notice of Potential Claim
January 15, 2013
Court Holds That Personal Profit Exclusion Bars Coverage for Claims of Interference with Contract and Violation of Consumer Protection Laws
January 14, 2013
Allegation of Negligence Sufficient to Overcome Handling of Funds Exclusion to Trigger Duty to Defend
January 10, 2013
“Additional Insured” Does Not Fall Within Definition of “Insured”
January 10, 2013
Prior Knowledge Exclusion Does Not Apply Where Acts Occurred Before and After Policy Period
January 2, 2013
2012
Accident During Traffic Stop Is Covered under Professional Liability Policy, Not Automobile Liability Policy
December 21, 2012
No Duty to Defend Where Insured’s Actions Clearly Fell Within Business Enterprise Exclusion
December 19, 2012
Federal Court Exercises Jurisdiction over Insurer’s Declaratory Judgment Action Arising out of FDIC Demand
December 17, 2012
Application of Insured v. Insured Exclusion Turns on Whether Plaintiff Was in Fact Duly Elected or Appointed as a Director
December 14, 2012
Professional Services Exclusion Ambiguous as to Service Not Specified Within Exclusion
December 13, 2012
Endorsement Retroactively Terminated Coverage
December 6, 2012
Court Dismisses Breach of Contract Claim But Allows Bad Faith Claims to Go Forward Against D&O Insurer
December 6, 2012
Public Policy Precludes Enforcement of Voluntary Payments Clause in Lawyers Professional Liability Policy
November 26, 2012
Informal Investigation Constitutes a Claim
November 14, 2012
Definition of Wrongful Act and Intentional Acts Exclusion Bar Coverage for Action Alleging Fraud and Conspiracy
November 14, 2012
Failure to Provide Timely Notice of Original Complaint Does Not Negate Coverage for Amended Complaint
November 13, 2012
Complaint Filed Prior to Policy’s Inception Is Not “Claim Made” Within the Policy Period
November 12, 2012
Alleged Supervisory Role Not Sufficient to Relieve Insurer of Duty to Defend Pursuant to Professional Services Exclusion
November 12, 2012
Settlement Agreement Extends to Later Claims Covered by Scope of Release
November 12, 2012
Allegations Concerning Alleged Malpractice Are “Related Claims” to Prior Claim Involving Same Insured, Claimant and Time Period
November 7, 2012
Insurer Not Liable for $1.3 Million in Pre-Tender Defense Costs
November 1, 2012
Priority of Payments Provision Allows Insurer to Make Settlement Payments on Covered Claims Against Directors and Officers
October 25, 2012
Fifth Circuit Affirms Insurer’s Right to Select Defense Counsel
October 16, 2012
Ninth Circuit’s Amended Opinion Concludes No Evidentiary Foundation for Requested Jury Instruction on Affirmative Duty to Settle
October 11, 2012
Innocent Insured Provision Precludes Imputation of Knowledge for Application Question
October 10, 2012
Coverage for Wrongful Termination Action Not Barred by Insured’s Failure to Report Previous Demand Letter from Former Employee
October 10, 2012
Prior Knowledge Exclusion Bars Coverage for Innocent Insured
October 10, 2012
Computer Software Exclusion Barred Coverage for Wrongful Death Claim Arising Out of Failure to Update GPS Software
October 9, 2012
Insured Waived Attorney-Client Privilege by Providing Defense Counsel’s Memo to Insurer
October 9, 2012
Bankruptcy Court Lacks Jurisdiction Over WaMu Coverage Lawsuit
October 4, 2012
Federal Court Abstains from Hearing Coverage Action Where Underlying State Court Action Sought Declaration of Parties’ Rights under Policy
October 3, 2012
Rescission Proper Where Insureds Failed to Disclose Administrative Complaints and Resulting Investigations on Policy Applications
October 1, 2012
Lawyer’s Agreement to Return Retainer Not a Claim
September 24, 2012
Court Enforces Fiduciary Exclusion in Staffing Services Liability Policy
September 24, 2012
Insurer’s Denial of Defense Based on Wage-and-Hour Exclusion Held To Be Bad Faith
September 24, 2012
Sanctions Petition Seeking Other Relief Is Within Definition of “Damages” Despite Sanctions Carve Out
September 17, 2012
Insurer Has Duty to Defend Where Accountants Allegedly Used Professional Services to Recklessly Provide False Information to Authorities
September 17, 2012
Classic Distributing and Beverage Group, Inc. v. Travelers Casualty and Surety Company of America
September 17, 2012
Less-Than-Limits Settlement With Primary Insurer Does Not Satisfy Excess Policy’s Exhaustion Requirement
September 17, 2012
Underlying Insurance Not Exhausted By Insured’s Out-of-Pocket Payment of Defense Costs
September 17, 2012
Based on “Other Insurance” Clause, D&O Insurer Has No Duty to Defend Suit Covered by General Liability Policy
September 11, 2012
Exclusion for Misappropriation of Assets Bars Coverage for Claims Against Insured Law Firm
September 5, 2012
Prior Knowledge Provision Implicated by Insured’s Pre-Policy Inception Knowledge of Employee Allegations of Workplace Harassment
August 31, 2012
Georgia Bankruptcy Court: FDIC May Sue Officer of Failed Bank, Notwithstanding His Bankruptcy, If Defense and Recovery Limited to D&O Insurance
August 28, 2012
Contract Exclusion Bars Coverage for Related Fraud Allegations
August 28, 2012
Declaratory Judgment Action Dismissed Due to Insureds’ Failure to Comply with ADR Clause
August 21, 2012
Fourth Circuit Holds That Prior Knowledge Exclusion Bars Coverage for Claims Arising Out of Ponzi Scheme
August 14, 2012
Insured’s Failure to Provide Notice of Claim to Excess Insurer Until After an Adverse Jury Verdict Prejudiced the Excess Insurer
August 13, 2012
Eighth Circuit Affirms that Reasonable Person Standard Applies to Prior Knowledge Provision
August 13, 2012
Third Circuit Refuses to Look Beyond Underlying Complaint to Determine If Putative Plaintiffs Are Actually Insureds
August 3, 2012
Claims for Restitutionary Relief Held Uninsurable
July 30, 2012
News Report Not Notice of Potential Claim
July 27, 2012
Trustees Have No Standing To Object to Disbursement of Policy Proceeds in Interpleader Action
July 20, 2012
Court Requires Allocation Where I v. I Exclusion Applies to Some But Not All Claimants
July 19, 2012
Insurer's Reservation of Rights Does Not Automatically Give Rise to Right to Independent Counsel
July 13, 2012
Policy Voided Where Insured Concealed Operation of Ponzi Scheme and Misrepresented Financial Status
June 19, 2012
New York Appellate Court Holds Excess Policies Do Not Attach When Policyholder Compromised Underlying Limits
June 15, 2012
Under California Law, Medical Malpractice Policies Do Not Cover Medical Board Professional Disciplinary Actions
June 15, 2012
California Statute Limiting Defense Costs Does Not Apply Where Carrier Denies Coverage
June 15, 2012
Insurer Not Liable for Amounts in Excess of Policy Limit Unless Caused by Breach of Duty to Defend
June 12, 2012
Breach Of Contract Exclusion Bars Coverage For Lawsuit Alleging That Insured Failed To Valuate Stock In "Good Faith"
June 12, 2012
Insurer Not Estopped from Denying Coverage after Defending Without a Reservation of Rights
June 11, 2012
Nature of Consumer Class Action, Not Percentage of Meritorious Claims, Determines Coverage and Allocation
May 17, 2012
Underlying Policies Must Be Read as a Whole When Incorporated Equally Into Excess Policy
May 14, 2012
District Court: Lodestar-Multiplied Attorney Fee Award Not "Multiplied Damages" Because Exception Clause Ambiguous
May 14, 2012
Criminal Acts Exclusion Triggered without Criminal Adjudication by Insured's Admission of Elements of Crime
May 14, 2012
Insurer Provided Timely Notice of Non-Renewal
May 14, 2012
Former Employee's Suit for Unlawful Termination Not a Claim for "Wrongful Acts," Court Holds
April 24, 2012
No Breach of Contract Where Excess Insurer Timely Pays After Underlying Insurer Exhausts, But Fact Issue Exists on Bad Faith
April 23, 2012
"In Fact" Requirement Triggered by Jury's Guilty Verdict
April 23, 2012
Lawyer's Policy Voided Based on Misrepresentation in Application, and Disbarment Order Triggers Dishonesty Exclusion
April 17, 2012
Pre-Suit Demand for Services Constitutes "Claim"
April 6, 2012
Misappropriation and Personal Profit Exclusions Do Not Preclude Duty to Defend Negligent Supervision Claim
April 2, 2012
Insurers Entitled to Production of Otherwise Privileged Documents from Underlying Case Where Insurers Provided Defense
March 26, 2012
Letter from Insured's Receiver Noting Intent to Assert Claims Constituted Notice of Circumstances
March 23, 2012
I-v-I Exclusion Held Not to Preclude Coverage for Claims Brought By Chapter 7 Trustee
March 23, 2012
Excess Policy Triggered Even Though Underlying Insurers Paid Less Than Their Policy Limits
March 22, 2012
Court Holds that Property Damage Exclusion Does Not Bar Claim for Title-Search Malpractice
March 22, 2012
Excess Policy Triggered by Exhaustion of Primary Policy Even Though Insured Paid Deductible to Primary Insurer
March 15, 2012
Judgment Creditor Asserting Statutory Bad Faith Claim Entitled to Discover Other Bad Faith Allegations Against Insurers
March 14, 2012
Fiduciary Liability Coverage Limited to Fiduciary Acts
March 5, 2012
Settlement of Underlying Suit Precluded Determination That Professional Services Exclusion Applied as a Matter of Law
March 1, 2012
Lost Earnings Awarded as Breach of Employment Agreement Excluded as "Amounts Owed Under a Written Contract"
February 22, 2012
No Duty to Defend Where Allegations in Underlying Lawsuit Showed That Insureds Could Reasonably Foresee Claim
February 21, 2012
Claim First Made When Insured Received Writ of Summons
February 17, 2012
No Coverage for FDIC Suit for Erroneous Appraisal Performed Before Prior Acts Date
February 17, 2012
Covered Loss Includes Enhanced Portion of Fee Award in Bump-Up Suit
January 31, 2012
Claim for Negligent Overdraft of Attorney Escrow Account Arises out of Provision of Legal Services
January 30, 2012
Insurer's Retention and Reliance On Outside Counsel In Handling Claim Does Not Negate Privilege and Work Product Protection
January 30, 2012
Insurer Liable for Default Judgment Against Insured Where Asserted Policy Exclusions Did Not Apply
January 27, 2012
Failure to Report Claim During Claims-Made and Reported Period Not a "Coverage Defense" for Purposes of Florida Waiver Statute
January 25, 2012
FTC Investigation Is a Claim Triggering Reporting Requirements
January 24, 2012
Insurer May No Longer Delay Notifying Insured of Known Grounds for Denying Death or Bodily Injury Claim While Investigating Other Potential Grounds
January 23, 2012
Undefined Term "Services" Ambiguous in Context of E&O Exclusion
January 23, 2012
Employees' Claims for Unpaid Medical Benefits Not "Loss" under Company's Fiduciary Liability Policy
January 19, 2012
No Duty to Defend in Suit Seeking Non-Monetary Relief
January 19, 2012
Insurer Did Not Waive Right to Rescind Policy
January 9, 2012
Failure to Report Abuse Was Wrongful Act Predating Retroactive Date; Also Constitutes Professional Services for Purposes of Exclusion
January 6, 2012
Insurer Deemed to Have Breached Duty to Defend Even Though Prior Knowledge Exclusion Barred Indemnity Coverage
January 5, 2012
Ninth Circuit: Insured v. Insured Exclusion Bars Coverage for Statutory Wage and Hour Claims
January 4, 2012
2011
Failure to Disclose Counterfeiting Scheme Entitles Insurer to Rescission
December 28, 2011
Insurer Must Defend Claim for Non-Covered Damages
December 20, 2011
Disgorgement Payment for SEC Settlement Held to be Uninsurable Loss
December 16, 2011
Insurer Has Duty to Defend Where It Cannot Demonstrate That Insured "In Fact" Committed Fraudulent or Dishonest Acts
December 13, 2011
No Duty to Defend or Reimburse Claim Expenses Arising From an SEC Action
December 13, 2011
Stipulated Judgment Coupled With Covenant Not to Execute Against Assets Other Than Insurance Not "Loss" Because Insured Was "Absolved From Payment"
December 13, 2011
Insolvency Exclusion Bars Coverage for Claims Due to Underfunded Employee Benefit Plans
December 7, 2011
Malpractice Complaint and Previous Counterclaim in Fee Dispute Constitute Single Claim Made in Prior Policy Period
December 7, 2011
District Court Finds No Coverage for Claim Not Timely Reported
December 6, 2011
Eleventh Circuit Affirms That an Insured's Pre-Inception Knowledge of His Thefts from Clients Bars Coverage for All Insureds
December 5, 2011
Insurer Cannot Rescind Policies Even Though Insured's CEO Lied on Renewal Application
December 5, 2011
Professional Services Exclusion in Policy Issued to Medical Provider Applies to All Actions Directed at Patient Treatment
December 5, 2011
FDIC Cannot Intervene in Coverage Litigation
December 2, 2011
Insurer's Contractual Right to Select Defense Counsel Upheld Where Insurer Had Incentive to Provide Vigorous Defense
December 1, 2011
Defined "Financial Products" Coverage Does Not Apply To Preparation of Allegedly Fraudulent Workers' Compensation Applications
December 1, 2011
Federal District Court Declines to Abstain Where Remand of Parallel Action to State Court Was Uncertain
December 1, 2011
Legal Malpractice Claim Against Law Firm Barred By Former Attorney's Prior Knowledge
December 1, 2011
No Coverage for Claim Reported After Claims-Made-and-Reported Period
December 1, 2011
Prior Knowledge Exclusion Bars Coverage for Legal Malpractice Claim Where Insured Knew of Missed Statute of Limitations Prior to Policy Period
November 28, 2011
Duty to Defend Determined by Claims Actually Asserted, Not Speculation
November 17, 2011
No Coverage under Lawyers Professional Liability Policy Based on Business Enterprise Exclusion
October 26, 2011
Dishonesty Exclusion Triggered By Criminal Convictions But Factual Dispute Over Potential Waiver Precludes Summary Judgment on Rescission
October 21, 2011
Eleventh Circuit Holds That D&O Policy Does Not Cover SEC Investigation of Insured Entity
October 14, 2011
Insured's Corporate Parent Not a Proper Party to Coverage Action
October 11, 2011
Reasonable Person Standard Is Appropriate to Assess Prior Knowledge
October 11, 2011
Claim Related Back to Previously Settled Action
October 11, 2011
Court Applies Criminal/Intentional Acts Exclusion to Bar Coverage for Negligence and Breach of Contract Claims
October 3, 2011
Indiana Appellate Court: No Coverage for Claim Made after Claims Made Policy Period
September 29, 2011
Fraud Exclusion Triggered and Partial Rescission Permitted Due to CFO's Guilty Plea
September 22, 2011
Insurer Entitled to Discovery of Attorney Client Communications and Attorney Work Product Relating to Underlying Claim
September 22, 2011
Insured's Misrepresentation in Reinstatement Application Not Material Where Policy Required Insurer to Offer Extension
September 21, 2011
No Excess Coverage Under Ohio Law When Insured Settles with Primary Carrier for Less Than Primary Limits
September 20, 2011
No Bad Faith Where Insurer's Actions Were Reasonable
September 20, 2011
Independent Contractor Exclusion Bars Coverage
September 19, 2011
Actions Based on Same Course of Conduct Are Related Claims; Application of I v. I Exclusion Unclear Where Claims Brought by Trustee on Behalf of Debtor and Subsidiaries
September 19, 2011
Utah Supreme Court: Extrinsic Evidence Relevant to Applicability of I v. I Exclusion
September 15, 2011
No Coverage For Claim First Made Prior to Policy Period and Because Insureds Had Knowledge of Wrongful Act Prior to Policy's Inception
September 15, 2011
Misappropriation of Client Funds Entitles Insurer to Rescind Lawyers Policy and Does Not Satisfy Prior Knowledge Condition in Accountants Policy
September 7, 2011
Prior Knowledge of Potential Malpractice Claim Precludes Coverage under Lawyers Professional Liability Policy
September 7, 2011
Prior Knowledge Exclusion Bars Coverage for Legal Malpractice Claim
September 6, 2011
Insured Entity's Purported Derivative Claim against Former Officers Triggers Insured vs. Insured Exclusion
September 6, 2011
Court Finds Company Has No Standing to Seek Declaratory Judgment under Side A Policies; Coverage under Other Policies Too Remote Because Retention Is Unsatisfied
September 6, 2011
Court Enforces Anti-Assignment Clause and Holds Parent of Named Corporation Not Insured
August 31, 2011
Amended Complaint Unrelated to Original Complaint in Same Proceeding Because the Original Complaint Did Not Constitute a Claim
August 30, 2011
Settlement With Insurer As to Claim Did Not Bar Coverage for Later-Arising Interrelated Claim
August 26, 2011
Subsequent Related Claims Made After Inception of Reinsurance Policy Not Excluded from Coverage
August 24, 2011
Appellate Court Holds That Twelve Claims Arising out of a Common Embezzlement Scheme Are a "Single Claim"
August 17, 2011
Notice Condition Did Not Bar Coverage for Malpractice Claim
August 12, 2011
Settlement with Primary Insurer for Less Than Policy Limits Does Not Trigger Excess Coverage
August 11, 2011
Coverage Barred by Insureds' Failure to Provide Timely Notice of Circumstances and Breach of Consent Provision
August 3, 2011
Exclusion Carve-Back For "Derivative Claims" Not Applicable To State AG Investigation
August 3, 2011
Court Grants Relief from Automatic Stay Finding that Coverage Dispute Is Not a Core Proceeding
August 1, 2011
Insured Versus Insured Exclusion Inapplicable to Action by Bankruptcy Trustee and Bankruptcy Exclusion Deemed Unenforceable
July 28, 2011
Criminal Fraud Conviction Triggers "In Fact" Exclusions
July 27, 2011
E&O Policy Provides No Coverage for Lawsuit Alleging That Insurance Agent Failed to Purchase Adequate Insurance for Himself
July 26, 2011
Fifth Circuit: Excess Policy's Duty to Defend Not Triggered Until Actual Payment of Underlying Limits
July 25, 2011
Issues of Fact Preclude Summary Judgment as to Whether Notice of Intent to Initiate Litigation Constituted a "Claim"
July 21, 2011
Property Damage Exclusion Precludes Duty to Defend
July 19, 2011
District Court Withdraws Reference to the Bankruptcy Court of Non-Core Coverage Actions
July 14, 2011
Prior Knowledge of Catastrophic Accident Insufficient to Trigger Prior Knowledge Exclusion
June 13, 2011
New York Trial Court Holds Excess Policies Do Not Attach When Policyholder Compromised Underlying Limits
June 8, 2011
Breach of Consent Clause Turns on Facts Where Insurer Had No Duty to Defend and Reserved Rights
June 8, 2011
Applicability of Prior Acts Exclusion Not Established by Class Period But Coverage Otherwise Precluded by Late Notice
May 19, 2011
Second Circuit Certifies Question Regarding Make Whole Doctrine and Deductibles to Connecticut Supreme Court
May 17, 2011
Discrimination Exclusion Does Not Preclude Coverage for Architects' Failure to Comply With Accessibility Requirements
April 18, 2011
Breach of Contract Exclusion in E&O Policy Bars Coverage for Dispute Between Contractor and Subcontractor
April 14, 2011
Severability Clause Does Not Limit Cross-Liability Exclusion
April 14, 2011
No Showing of Prejudice Required to Deny Based on Late Notice under Claims Made and Reported Policy
April 13, 2011
Insurer Entitled to Reimbursement of Defense Costs But Only for Amounts Advanced Prior to Rescission
April 13, 2011
No Coverage under Lawyer's Professional Liability Policy for Action to Recover Legal Fees
April 11, 2011
Insured's Failure to Disclose Participation in Fraudulent Scheme Entitles Insurer to Rescind Initial Policy
April 4, 2011
Professional Services Exclusion Bars Coverage for Insured Entity's Vicarious Liability
April 4, 2011
Bodily Injury Exclusion Precludes Coverage for Professional Negligence Claim Arising Out of Automobile Accident
April 1, 2011
Insolvency Exclusion Bars Coverage for Allegations That Actuarial Services Firm Contributed to Client's Insolvency
April 1, 2011
Insureds' $20 Million Settlement Payment to FTC Redress Fund Held Uninsurable Restitution
April 1, 2011
Dishonesty Exclusion Bars Coverage for Lawsuits Arising Out of Insured's Admitted Participation in Mortgage Fraud Scheme
March 31, 2011
Insurer May Decline Coverage Where Claim Arises Out of Facts Alleged in a Prior Civil Proceeding
March 30, 2011
Other Insurance: D&O Policy Is Excess of CGL Policy
March 3, 2011
Setoff Is Not "Damages" or Insurable Loss
March 1, 2011
Loss Run Reports Could Serve as Notice of Claim
March 1, 2011
Insurer Cannot Claim California Mediation Privilege When It Fails to Attend Mediation in Person
March 1, 2011
No Coverage Where Insured Had Subjective Knowledge of Fraud
February 24, 2011
Mobile Content Charges "Involve" Content Provider's Product and Trigger Products Exclusion
February 23, 2011
SEC Lawsuit Does Not Create Coverage for Costs of Voluntary Response to Preceding Investigation
February 17, 2011
Insurer Entitled to Unilaterally Reserve the Right to Recoup Amounts Paid for Defense and Settlement If It Prevails on Merits of Coverage Dispute
February 15, 2011
Insurer Testimony Regarding Underwriting and Interpretation of Policies Deemed Irrelevant in Determination of Coverage
February 14, 2011
No Coverage for a Claim First Made During Extended Reporting Period
February 14, 2011
Massachusetts Appeals Court Evaluates Reasonableness of Defense Counsel's Hourly Rate
February 14, 2011
Court Holds Louisiana Statutory Damages and Attorneys' Fees Do Not Constitute Covered "Damages," But Insurer Must Defend
January 21, 2011
Notice of Potential Claim and Reporting of Claim Adequate Despite Failure to Comply with Written Notice Requirement
January 21, 2011
Notice to Primary Insurer through Common Broker Does Not Constitute Notice to Excess Insurer
January 20, 2011
"Insured v. Insured" Exclusion Does Not Turn on Insured's Status at the Time of Claim
January 18, 2011
Disgorgement of Undisclosed Contingent Commissions Collected by Insured Constitutes Restitution, Not a "Loss"
January 18, 2011
California Appellate Court Declines to Follow Qualcomm and Holds that Excess Insurer Waived Exhaustion Argument
January 14, 2011
Grand Jury Subpoena for Documents Not Claim, But Audit Letter from State Comptroller Was a Claim for Which Timely Notice Was Required
January 13, 2011
Insured's Breach of Contract Claim, But Not Bad Faith Claim, Subject to Arbitration
January 12, 2011
Notice of Circumstances Does Not Excuse Obligation to Provide Timely Notice of Claim
January 6, 2011
Primary Insurer and D&Os of Insured Not Required Parties for Rescission Claim by Excess Insurer
January 5, 2011
2010
Insurer Has Duty to Advance Defense Expenses as Expenses Are Incurred
December 27, 2010
Insured v. Insured Exclusion Precludes Coverage for Suit Brought by Insured in Any Capacity
December 23, 2010
Financial Interest Exclusion Bars Coverage for Real Estate Agents' Dispute With Joint Venturer
December 20, 2010
Settlement Payment By Company to Shareholders of Recombined Tracking Stock Constitutes Loss; Insurer Has No Right to Recoup Settlement Payment
December 20, 2010
Arkansas Court Reaffirms No Prejudice Rule for Claims-Made Policies
December 20, 2010
Insurer Not Entitled to Recoup Settlement Payment Absent Express Provision in the Policy
December 20, 2010
"Might" Does Not Render a Prior Knowledge Exclusion Ambiguous
December 20, 2010
Fiduciary Liability Policy Affords No Coverage for Lawsuit That Did Not Allege Breach of Fiduciary Duty by Insured
December 20, 2010
"Business Enterprise" Exclusion Bars Coverage for Suit against Law Firm
December 10, 2010
Notice By a Third Party Deemed Insufficient Where Policy Required Notice By the Insured
December 8, 2010
Court Finds Reinsurance Information Relevant and Discoverable
December 7, 2010
GL and PL Insurers Must Share Equally for Costs Covered under Both Policies Despite Differing Policy Limits
December 1, 2010
No Coverage for Suit Concerning Insured Lawyer's Sale of Investments
November 30, 2010
