Executive Summary Blog

Executive Summary Blog

Legal developments affecting professional liability insurers

Category Archives: Retroactive Date

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“Reasonable Expectations” Doctrine Inapplicable Due to Unambiguous Effective and Retroactive Dates

Posted in Reasonable expectations, Retroactive Date
The United States District Court for the Eastern District of Pennsylvania has held that a lawyer was not entitled to insurance coverage because he could not reasonably expect that his malpractice policy would provide coverage for acts occurring three months prior to the effective and retroactive date of the policy.  Downey v. First Indemnity Ins.,… Continue Reading

No Coverage Where Underlying Complaint Did Not Allege Conduct After Retroactive Date; Suits Involving Nearly Identical Course of Conduct Are Related

Posted in Related Claims and associated exclusions, Retroactive Date
An Illinois federal court has held that an insurer owed no duty to defend an underlying lawsuit where the complaint did not allege any conduct occurring after that policy’s retroactive date.  Wesco Ins. Co. v. Regas, 2015 WL 500702 (N.D. Ill. Feb. 3, 2015).  The court also held that a second carrier owed no duty… Continue Reading