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Antitrust Exclusion Applies to Claims for Unjust Enrichment and Violation of Consumer Protection Laws
Antitrust Exclusion Applies to Claims for Unjust Enrichment and Violation of Consumer Protection Laws

Applying California law, the United States District Court for the Eastern District of California has held that an antitrust exclusion in a D&O policy bars coverage for lawsuits alleging violation of antitrust laws, violation of consumer protection and unfair competition laws, and unjust enrichment. Beazley Ins. Co. v. Foster Poultry Farms, 2024 WL 3904994 (E.D. Cal. Aug. 22, 2024). The court also concluded that payments by the insured in excess of amounts paid by the primary carrier pursuant to a settlement agreement with the insured did not erode the primary policy under an excess carrier’s policy language.

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Connecticut Court Holds Restitutionary Settlement Not Insurable Loss
Connecticut Court Holds Restitutionary Settlement Not Insurable Loss
Contractual Liability Exclusion Bars Coverage Where Lawsuit Against Insured Arises Out of a Contractual Obligation
Contractual Liability Exclusion Bars Coverage Where Lawsuit Against Insured Arises Out of a Contractual Obligation
Georgia Federal Court Determines State Court Judgment Entered After Parties Executed a General Release Is Not “Loss”
Georgia Federal Court Determines State Court Judgment Entered After Parties Executed a General Release Is Not “Loss”
No Coverage for Malpractice Suit Where Insured Misrepresented Prior Knowledge of Potential Claim
No Coverage for Malpractice Suit Where Insured Misrepresented Prior Knowledge of Potential Claim
Second Circuit Finds Pre-Suit Letter Was a “Claim” and Remands for Determination of Whether Notice of Claim Was Timely
Second Circuit Finds Pre-Suit Letter Was a “Claim” and Remands for Determination of Whether Notice of Claim Was Timely
Texas Court Finds That Trademark Infringement Claims Involve Interrelated Wrongful Acts
Texas Court Finds That Trademark Infringement Claims Involve Interrelated Wrongful Acts
Prior Knowledge Provision Precludes Coverage for Known Sexual Assault Under Either an Objective or Subjective Standard
Prior Knowledge Provision Precludes Coverage for Known Sexual Assault Under Either an Objective or Subjective Standard
Capacity Exclusion Bars Coverage for Settlement Involving Director’s Self-Dealing While Acting in Dual Capacity as Shareholder and Director of Non-Insured Entity
Capacity Exclusion Bars Coverage for Settlement Involving Director’s Self-Dealing While Acting in Dual Capacity as Shareholder and Director of Non-Insured Entity
Misappropriation Exclusion Bars Coverage for Claim Involving Improper Transfer of Escrow Funds, but Insurer Must Defend Against Intentional Torts Asserted by Insured’s Client
Misappropriation Exclusion Bars Coverage for Claim Involving Improper Transfer of Escrow Funds, but Insurer Must Defend Against Intentional Torts Asserted by Insured’s Client
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