No Coverage Under Claims-Made Policy Where No 'Claim' Made Against Insured During Policy Period
No Coverage Under Claims-Made Policy Where No 'Claim' Made Against Insured During Policy Period
Investment Advisor’s Unauthorized Copying of Trade Publication Held Not to Constitute a Wrongful Act in the Performance of Investment Advisory Services
Investment Advisor’s Unauthorized Copying of Trade Publication Held Not to Constitute a Wrongful Act in the Performance of Investment Advisory Services
Negotiation of Severance Agreement with Employee Who Ended Affair With Company President Constitutes a Claim That Was Not Timely Reported Under EPL Policy
Negotiation of Severance Agreement with Employee Who Ended Affair With Company President Constitutes a Claim That Was Not Timely Reported Under EPL Policy
Deceptive Advertising Claim Does Not Allege “Covered Professional Service”
Deceptive Advertising Claim Does Not Allege “Covered Professional Service”
Material Issues of Fact Preclude Summary Judgment that Insurer Waived or was Estopped from Asserting Coverage Defenses
Material Issues of Fact Preclude Summary Judgment that Insurer Waived or was Estopped from Asserting Coverage Defenses
No Coverage for Loss in Consequence of Social Engineering Fraud
No Coverage for Loss in Consequence of Social Engineering Fraud
Coverage for SXSW Refund Lawsuit Barred by Contract Exclusion
Coverage for SXSW Refund Lawsuit Barred by Contract Exclusion
Losses Reported by Property Insurer’s Customers Constitute “Claims” Under Insurer’s E&O Policy
Losses Reported by Property Insurer’s Customers Constitute “Claims” Under Insurer’s E&O Policy
Bodily Injury Exclusion in Real Estate Agents E&O Policy Bars Coverage for Car Accident Claim
Bodily Injury Exclusion in Real Estate Agents E&O Policy Bars Coverage for Car Accident Claim
Delaware Federal Court: No Coverage Under D&O Policy For Claims Based On Acts Alleged To Have Occurred Prior To Insured Entity’s Formation
Delaware Federal Court: No Coverage Under D&O Policy For Claims Based On Acts Alleged To Have Occurred Prior To Insured Entity’s Formation
First Circuit Joins Other Circuits in Finding COVID-19-Related Losses Do Not Trigger “Business Interruption Coverage” Under Commercial Property Insurance Policy
First Circuit Joins Other Circuits in Finding COVID-19-Related Losses Do Not Trigger “Business Interruption Coverage” Under Commercial Property Insurance Policy
Revising Prior Order, Georgia Court Holds Two EEOC Charges and Resulting Lawsuit by the Same Claimant Are All Claims “Made or Brought” Before the Applicable Policy Period
Revising Prior Order, Georgia Court Holds Two EEOC Charges and Resulting Lawsuit by the Same Claimant Are All Claims “Made or Brought” Before the Applicable Policy Period
No Notice-Prejudice Exception Applies to Financial Institution Bonds under Oklahoma Law
No Notice-Prejudice Exception Applies to Financial Institution Bonds under Oklahoma Law
Third-Party Wire Fraud Triggers Conversion Exclusion Under Professional Liability Policy, Despite No Direct Insured Involvement in Theft of Funds
Third-Party Wire Fraud Triggers Conversion Exclusion Under Professional Liability Policy, Despite No Direct Insured Involvement in Theft of Funds
Definition of Third-Party Wrongful Act and Sexual Misconduct Exclusion Bar EPL Coverage for Claim Alleging Negligent Supervision
Definition of Third-Party Wrongful Act and Sexual Misconduct Exclusion Bar EPL Coverage for Claim Alleging Negligent Supervision
Louisiana Federal Court Latest to Find Pandemic-Related Losses Not to Trigger “Business Interruption Coverage” Under Commercial Property Policy
Louisiana Federal Court Latest to Find Pandemic-Related Losses Not to Trigger “Business Interruption Coverage” Under Commercial Property Policy
No Coverage for Claim Deemed Made After Policy Expired When Insured First Received Actual Notice of Lawsuit
No Coverage for Claim Deemed Made After Policy Expired When Insured First Received Actual Notice of Lawsuit
Insured v. Insured Exclusion Bars Coverage For Entirety of Suit Brought By Insureds and Non-Insureds
Insured v. Insured Exclusion Bars Coverage For Entirety of Suit Brought By Insureds and Non-Insureds
No Duty to Defend When Demand Letter Received Prior to Policy Period
No Duty to Defend When Demand Letter Received Prior to Policy Period
Court Declines to Dismiss Coverage Litigation Based on Potential Applicability of Prior Notice Exclusion
Court Declines to Dismiss Coverage Litigation Based on Potential Applicability of Prior Notice Exclusion
Excess “Other Insurance” Clause Relieves Insurer of Duty to Contribute to Defense
Excess “Other Insurance” Clause Relieves Insurer of Duty to Contribute to Defense
Delaware Superior Court Reaffirms That Appraisal Action Is Not A Claim For A Wrongful Act Under D&O Policy
Delaware Superior Court Reaffirms That Appraisal Action Is Not A Claim For A Wrongful Act Under D&O Policy
Over $141 Million in Trading Losses for Illegal Trade Deemed “Direct Financial Loss” for “Malicious Act”
Over $141 Million in Trading Losses for Illegal Trade Deemed “Direct Financial Loss” for “Malicious Act”
Failure to Plead Compliance with Condition Precedent Held Fatal to Declaratory Judgment Action
Failure to Plead Compliance with Condition Precedent Held Fatal to Declaratory Judgment Action
Outside Entity Exclusion Precludes Duty to Defend Claim for Misappropriation of Confidential Information
Outside Entity Exclusion Precludes Duty to Defend Claim for Misappropriation of Confidential Information
No Duty to Defend Lawsuit Alleging Remuneration to which Insured was Not Legally Entitled
No Duty to Defend Lawsuit Alleging Remuneration to which Insured was Not Legally Entitled
Accounting Services Do Not Implicate Professional Liability Policy When Not Performed “for Financial Institutions”
Accounting Services Do Not Implicate Professional Liability Policy When Not Performed “for Financial Institutions”
Ninth Circuit Upholds Broad Interpretation of “Arising out of” in Goods & Products Exclusion
Ninth Circuit Upholds Broad Interpretation of “Arising out of” in Goods & Products Exclusion
Insured’s Failure to Allocate Settlement Between Covered and Uncovered Claims Precludes Recovery
Insured’s Failure to Allocate Settlement Between Covered and Uncovered Claims Precludes Recovery
Professional Services Exclusions Bar Coverage for a Pharmacy Technician’s Mistake in Dispensing Medication
Professional Services Exclusions Bar Coverage for a Pharmacy Technician’s Mistake in Dispensing Medication
Applicability of Insured v. Insured Exclusion Can Be Determined By Reference to Complaint Alone
Applicability of Insured v. Insured Exclusion Can Be Determined By Reference to Complaint Alone
Attorney Communications Regarding Undisclosed Contamination Found to Constitute Late-Noticed “Claim” Under Professional Liability Policy
Attorney Communications Regarding Undisclosed Contamination Found to Constitute Late-Noticed “Claim” Under Professional Liability Policy
Duty to Defend Where Complaint Contains Potentially Covered Allegations
Duty to Defend Where Complaint Contains Potentially Covered Allegations
Fiduciary Duty Claim Triggers Contract Exclusion Because Duty was Created by Contract
Fiduciary Duty Claim Triggers Contract Exclusion Because Duty was Created by Contract
Intentional Acts Exclusion Bars Coverage for Wrongful Death Lawsuit
Intentional Acts Exclusion Bars Coverage for Wrongful Death Lawsuit
Lawyers Professional Liability Policy Does Not Cover Non-Insured Construction Management Company; Insurer Justified in Requesting Segregated Invoices
Lawyers Professional Liability Policy Does Not Cover Non-Insured Construction Management Company; Insurer Justified in Requesting Segregated Invoices
Claims under Illinois False Claims Act Not Uninsurable under Illinois Law
Claims under Illinois False Claims Act Not Uninsurable under Illinois Law
A Defending Insurer’s Reserving Rights and Seeking Declaratory Judgment Does Not Constitute Bad Faith in California
A Defending Insurer’s Reserving Rights and Seeking Declaratory Judgment Does Not Constitute Bad Faith in California
Settlement Paid to States to Resolve HIPAA and Consumer Protection Law Claims Constitutes Non-Covered “Fines and Penalties”
Settlement Paid to States to Resolve HIPAA and Consumer Protection Law Claims Constitutes Non-Covered “Fines and Penalties”
Southern District of New York Holds Multiple Lawsuits Alleging Different Instances of Fraud Constitute Single Related Claim
Southern District of New York Holds Multiple Lawsuits Alleging Different Instances of Fraud Constitute Single Related Claim
Delaware Supreme Court Affirms Decision Below in Favor of Insurers, Holds “Relatedness” is Determined By Policy Language and Not “Generic Fundamentally Identical Standard”
Delaware Supreme Court Affirms Decision Below in Favor of Insurers, Holds “Relatedness” is Determined By Policy Language and Not “Generic Fundamentally Identical Standard”
Commercial Crime Policy Covers Loss Involving Fraudulent Email Directing Employee to Make Payments
Commercial Crime Policy Covers Loss Involving Fraudulent Email Directing Employee to Make Payments
Kansas Federal Court Holds Notice-Prejudice Rule Inapplicable to Claims-Made Policies
Kansas Federal Court Holds Notice-Prejudice Rule Inapplicable to Claims-Made Policies
Ohio Court Rules that “Frivolous Conduct” Exclusion Precludes Duty to Defend
Ohio Court Rules that “Frivolous Conduct” Exclusion Precludes Duty to Defend
Legal Malpractice Lawsuit Not Covered Where Insured Knew or Reasonably Should Have Known Pre-Inception of Conduct that Might Be Basis of Claim
Legal Malpractice Lawsuit Not Covered Where Insured Knew or Reasonably Should Have Known Pre-Inception of Conduct that Might Be Basis of Claim
No Coverage Under Claims-Made Policy Where Insured Reported Alleged Injury, But No Claim Was Made, During the Policy Period
No Coverage Under Claims-Made Policy Where Insured Reported Alleged Injury, But No Claim Was Made, During the Policy Period
Sexual Misconduct Exclusion Eliminates Duty to Defend Civil Lawsuit
Sexual Misconduct Exclusion Eliminates Duty to Defend Civil Lawsuit
D&O Insurer Has Duty to Defend Wrongful Death Suit Because of “Discrepancy” Between Exclusions
D&O Insurer Has Duty to Defend Wrongful Death Suit Because of “Discrepancy” Between Exclusions
Massachusetts Court Confirms No Prejudice Required to Deny Coverage for Late Notice under Claims-Made Policy
Massachusetts Court Confirms No Prejudice Required to Deny Coverage for Late Notice under Claims-Made Policy
Insurer Owes Duty to Defend and Indemnify Nuisance Litigation
Insurer Owes Duty to Defend and Indemnify Nuisance Litigation
WARN Act Exclusion Bars Coverage for Breach of Fiduciary Duty Lawsuit
WARN Act Exclusion Bars Coverage for Breach of Fiduciary Duty Lawsuit
Breach of Contract Exclusion Precludes Duty to Defend Vendor’s Claim Against Travel Agency for Non-Payment
Breach of Contract Exclusion Precludes Duty to Defend Vendor’s Claim Against Travel Agency for Non-Payment
Date of Wrongful Acts, Not Harm Caused By Acts, Relevant Factor in Determining Application of Retroactive Date Exclusion
Date of Wrongful Acts, Not Harm Caused By Acts, Relevant Factor in Determining Application of Retroactive Date Exclusion
Ninth Circuit Holds Three Printing Errors Constitute Single Wrongful Act
Ninth Circuit Holds Three Printing Errors Constitute Single Wrongful Act
Insured Barred From Settling Without Insurer’s Consent Absent Breach of Duty to Defend But Insurer Must Exercise Good Faith in Settlement Negotiations
Insured Barred From Settling Without Insurer’s Consent Absent Breach of Duty to Defend But Insurer Must Exercise Good Faith in Settlement Negotiations
Policy Requires Allocation of Defense Costs Based Upon Parties’ Relative Legal Exposure
Policy Requires Allocation of Defense Costs Based Upon Parties’ Relative Legal Exposure
Law Firm’s Misrepresentations in Insurance Application Warrant Recission Under Utah Statute
Law Firm’s Misrepresentations in Insurance Application Warrant Recission Under Utah Statute
Excess “Other Insurance” Provision Does Not Relieve Insurer’s Duty to Defend
Excess “Other Insurance” Provision Does Not Relieve Insurer’s Duty to Defend
California Court Finds Insolvency Exclusion Ambiguous, Limits Application to Insolvency of Third Parties Other Than Claimant
California Court Finds Insolvency Exclusion Ambiguous, Limits Application to Insolvency of Third Parties Other Than Claimant
Lawyer’s Professional Liability Insurer has Duty to Defend Suit Alleging Sexual Assault of Client
Lawyer’s Professional Liability Insurer has Duty to Defend Suit Alleging Sexual Assault of Client
Court Rules that EEOC Charge for Retaliation Based on Prior Charge for Discrimination Is Separate Claim
Court Rules that EEOC Charge for Retaliation Based on Prior Charge for Discrimination Is Separate Claim
Sixth Circuit Holds E&O Policy’s ERISA Exclusion Bars Coverage for Claims Against Trustee of Employee Stock Ownership Program
Sixth Circuit Holds E&O Policy’s ERISA Exclusion Bars Coverage for Claims Against Trustee of Employee Stock Ownership Program
On Motion for Reconsideration, Southern District of New York Holds that Late-Notice Defense as to Claims-Made-And-Reported Policies Cannot Be Waived
On Motion for Reconsideration, Southern District of New York Holds that Late-Notice Defense as to Claims-Made-And-Reported Policies Cannot Be Waived
$140 million SEC Disgorgement Payment Not a “Penalty” and Insurable Under New York Law
$140 million SEC Disgorgement Payment Not a “Penalty” and Insurable Under New York Law
“Securities Claim” Exclusion Applied Where Notes Constituted a “Security” as Defined by the Securities Acts
“Securities Claim” Exclusion Applied Where Notes Constituted a “Security” as Defined by the Securities Acts
4 Important Class Cert. Issues From 2 Data Breach Cases
4 Important Class Cert. Issues From 2 Data Breach Cases
Exception to Insured v. Insured Exclusion for “Any Claim Brought by” Certain Former Directors Does Not Apply to Restore Coverage for Shareholder Derivative Action
Exception to Insured v. Insured Exclusion for “Any Claim Brought by” Certain Former Directors Does Not Apply to Restore Coverage for Shareholder Derivative Action
Invasion of Privacy Exclusion Bars D&O Coverage for BIPA Suit But EPL Coverage Potentially Applies
Invasion of Privacy Exclusion Bars D&O Coverage for BIPA Suit But EPL Coverage Potentially Applies
D&O Policy’s Professional Services Exclusion and Contract Exclusion Do Not Bar Coverage For Claims Arising from Trade Show Cancellation
D&O Policy’s Professional Services Exclusion and Contract Exclusion Do Not Bar Coverage For Claims Arising from Trade Show Cancellation
Delaware Federal Court Clarifies No Coverage Available for Director and Officer Sued in Capacity as Controlling Stockholder
Delaware Federal Court Clarifies No Coverage Available for Director and Officer Sued in Capacity as Controlling Stockholder
Insured-Versus-Insured Exclusion Bars Coverage for Underlying Lawsuit Brought by Both Insured and Non-Insured Plaintiffs
Insured-Versus-Insured Exclusion Bars Coverage for Underlying Lawsuit Brought by Both Insured and Non-Insured Plaintiffs
Sixth Circuit: No Coverage for Defense Costs Resulting from Qui Tam Action
Sixth Circuit: No Coverage for Defense Costs Resulting from Qui Tam Action
E&O Insurer Has No Duty to Defend Dispute Limited to Recovery of Fees
E&O Insurer Has No Duty to Defend Dispute Limited to Recovery of Fees
Email Expressing Intention to Discuss Settlement Constitutes “Claim”  
Email Expressing Intention to Discuss Settlement Constitutes “Claim”  
Coverage for Negligence Claim Against Law Firm Arising from Wire Fraud Barred by Professional Liability Policy’s “Theft Exclusion”
Coverage for Negligence Claim Against Law Firm Arising from Wire Fraud Barred by Professional Liability Policy’s “Theft Exclusion”
Insurer May Rescind Policy and Recoup Defense Costs Based on Insured’s Failure to Disclose Known Potential Claim
Insurer May Rescind Policy and Recoup Defense Costs Based on Insured’s Failure to Disclose Known Potential Claim
Multiple Acts of Legal Malpractice Alleged In A Single Lawsuit Constitute “Related Acts”
Multiple Acts of Legal Malpractice Alleged In A Single Lawsuit Constitute “Related Acts”
Written Consent Must be in Writing: Insured Breaches Consent Requirement and Loses Coverage
Written Consent Must be in Writing: Insured Breaches Consent Requirement and Loses Coverage
Broker Has No Tort-Based Duty to Claimants to Notify Insurance Carriers of Claims Against Insured 
Broker Has No Tort-Based Duty to Claimants to Notify Insurance Carriers of Claims Against Insured 
No Coverage for Second Lawsuit Alleging Acts that Correlate to Acts Alleged in Earlier Lawsuit Predating Claims-Made Policy Period
No Coverage for Second Lawsuit Alleging Acts that Correlate to Acts Alleged in Earlier Lawsuit Predating Claims-Made Policy Period
Court Declines to Recognize Scrivener’s Errors in D&O Policy’s Capacity Exclusion
Court Declines to Recognize Scrivener’s Errors in D&O Policy’s Capacity Exclusion
'McMorris Factors' Create Obstacles For Data Breach Plaintiffs
'McMorris Factors' Create Obstacles For Data Breach Plaintiffs
No Showing of “Appreciable Prejudice” Required Because Insured Violated Consent to Settle Provision
No Showing of “Appreciable Prejudice” Required Because Insured Violated Consent to Settle Provision
Insured’s False “Expression of Personal Belief or Opinion” Insufficient to Warrant Rescission of Policy 
Insured’s False “Expression of Personal Belief or Opinion” Insufficient to Warrant Rescission of Policy 
Montana Federal Court Holds that Notice-Prejudice Rule Does Not Apply to Claims-Made Policy
Montana Federal Court Holds that Notice-Prejudice Rule Does Not Apply to Claims-Made Policy
E&O Policy’s Securities Exclusion Bars Coverage For Amended Complaint Alleging Only Federal Securities Fraud
E&O Policy’s Securities Exclusion Bars Coverage For Amended Complaint Alleging Only Federal Securities Fraud
Federal Court Declines to Exercise Jurisdiction Over Rescission Action
Federal Court Declines to Exercise Jurisdiction Over Rescission Action
Insured Versus Insured Exclusion Does Not Bar Coverage for Claims Brought by Member of Insured LLC
Insured Versus Insured Exclusion Does Not Bar Coverage for Claims Brought by Member of Insured LLC
Prior Knowledge Exclusion Bars Coverage for Entire Lawsuit Alleging Multiple Instances of Wrongdoing
Prior Knowledge Exclusion Bars Coverage for Entire Lawsuit Alleging Multiple Instances of Wrongdoing
Sexual Misconduct Exclusion Bars E&O Coverage for Title IX Claim
Sexual Misconduct Exclusion Bars E&O Coverage for Title IX Claim
Eastern District of Michigan Holds Selling Unregistered Securities, as Defined by the Securities Act of 1933 and Securities Exchange Act of 1934, Constitutes “Professional Services”
Eastern District of Michigan Holds Selling Unregistered Securities, as Defined by the Securities Act of 1933 and Securities Exchange Act of 1934, Constitutes “Professional Services”
No Coverage for Wrongful Acts Alleged in Lawsuit Received Prior to Policy Period
No Coverage for Wrongful Acts Alleged in Lawsuit Received Prior to Policy Period
"Inadequate Consideration” Provision Bars Coverage for Securities Fraud Settlements
"Inadequate Consideration” Provision Bars Coverage for Securities Fraud Settlements
No Allocation for Defense Costs Incurred in Lawsuit Comprised of Covered and Uncovered “Claims”
No Allocation for Defense Costs Incurred in Lawsuit Comprised of Covered and Uncovered “Claims”
Delaware Superior Court Holds that Appraisal Actions Not Securities Claim “For a Wrongful Act”  
Delaware Superior Court Holds that Appraisal Actions Not Securities Claim “For a Wrongful Act”  
Arbitration Demand Letter Constitutes a Claim Requiring Timely Notice
Arbitration Demand Letter Constitutes a Claim Requiring Timely Notice
Good Faith but Mistaken Denial of Coverage Does Not Support Bad Faith Claim or Consequential or Punitive Damages
Good Faith but Mistaken Denial of Coverage Does Not Support Bad Faith Claim or Consequential or Punitive Damages
Fifth Circuit Holds Payment Card Breach Lawsuit Triggers Coverage for “Personal and Advertising Injury”
Fifth Circuit Holds Payment Card Breach Lawsuit Triggers Coverage for “Personal and Advertising Injury”
D&O Insurer Has Duty to Defend Where Counterclaim Allegations Against Directors Arguably Involve Insured Capacity
D&O Insurer Has Duty to Defend Where Counterclaim Allegations Against Directors Arguably Involve Insured Capacity
Texas Federal Court Denies Insurer’s Motion to Dismiss Pending Choice-of-Law Determination
Texas Federal Court Denies Insurer’s Motion to Dismiss Pending Choice-of-Law Determination
D&O Policy’s Pollution Exclusion Bars Coverage For Claim Arising from Alleged Conspiracy to Submit Fraudulent Regulatory Filings
D&O Policy’s Pollution Exclusion Bars Coverage For Claim Arising from Alleged Conspiracy to Submit Fraudulent Regulatory Filings
Breach of Contract Exclusion Does Not Bar Coverage for Underlying Arbitration Award Against an Insured for Negligent Misrepresentation
Breach of Contract Exclusion Does Not Bar Coverage for Underlying Arbitration Award Against an Insured for Negligent Misrepresentation
Innocent Insured Provision Applies Where Insured Failed to Comply with Policy’s Reporting Provision  
Innocent Insured Provision Applies Where Insured Failed to Comply with Policy’s Reporting Provision  
Insurance Commissioner’s Suit Brought in his Capacity as Receiver of Insolvent Insurer Does Not Constitute A “Governmental Claim”
Insurance Commissioner’s Suit Brought in his Capacity as Receiver of Insolvent Insurer Does Not Constitute A “Governmental Claim”
No Coverage under EPL Policy for “Wrongful Act” Committed Against Non-Employee
No Coverage under EPL Policy for “Wrongful Act” Committed Against Non-Employee
Delaware Superior Court Holds Opt-Out Case is “Fundamentally Identical” to Original Securities Class Action First Made Before Policy Period
Delaware Superior Court Holds Opt-Out Case is “Fundamentally Identical” to Original Securities Class Action First Made Before Policy Period
Florida Supreme Court Allows Defending Insurer To Pursue Malpractice Action Against Defense Counsel
Florida Supreme Court Allows Defending Insurer To Pursue Malpractice Action Against Defense Counsel
Contract Exclusion Bars Coverage for Fraudulent Representation and Concealment Claims Arising from Purchase and Lease Agreements
Contract Exclusion Bars Coverage for Fraudulent Representation and Concealment Claims Arising from Purchase and Lease Agreements
Derivative Exception to Insured v. Insured Exclusion Applies Only to Derivative Suits Brought by Non-Insureds
Derivative Exception to Insured v. Insured Exclusion Applies Only to Derivative Suits Brought by Non-Insureds
No Coverage for Malpractice Action Alleging Undisclosed “Wrongful Acts” Pre-Dating Policy’s Effective Date
No Coverage for Malpractice Action Alleging Undisclosed “Wrongful Acts” Pre-Dating Policy’s Effective Date
No Coverage for Lawsuit Based Only on Insured Law Firm’s Business Decisions
No Coverage for Lawsuit Based Only on Insured Law Firm’s Business Decisions
Court Reads Contract Exclusion Out of Policy Based on Ambiguity Created by Conflicting Endorsements
Court Reads Contract Exclusion Out of Policy Based on Ambiguity Created by Conflicting Endorsements
Contract Exclusion Bars Coverage for Deceptive Practices Claims Arising Out of Gym Membership Contracts
Contract Exclusion Bars Coverage for Deceptive Practices Claims Arising Out of Gym Membership Contracts
Single Lawsuit Comprised of Multiple “Claims”
Single Lawsuit Comprised of Multiple “Claims”
No Coverage for Claim First Made and Reported After Policy Expired
No Coverage for Claim First Made and Reported After Policy Expired
Common-Law Claims Associated with Unsolicited Faxes Held to be “Arising Out of” Violation of the TCPA
Common-Law Claims Associated with Unsolicited Faxes Held to be “Arising Out of” Violation of the TCPA
Coverage for Suit Arising from Settlement of Previous Litigation Not Barred by Prior and Pending Proceeding Exclusion
Coverage for Suit Arising from Settlement of Previous Litigation Not Barred by Prior and Pending Proceeding Exclusion
Multiple Lawsuits Arising Out of Employee’s Alleged Sexual Abuse of Multiple Children are “Single Claim” Under Claims-Made Policy
Multiple Lawsuits Arising Out of Employee’s Alleged Sexual Abuse of Multiple Children are “Single Claim” Under Claims-Made Policy
Ninth Circuit Holds Notice-Prejudice Rule Inapplicable to Claims-Made-And-Reported Policies
Ninth Circuit Holds Notice-Prejudice Rule Inapplicable to Claims-Made-And-Reported Policies
Wrongful Acts Alleged in Class Action Based on Corporate Policy Are Not “Related Acts”
Wrongful Acts Alleged in Class Action Based on Corporate Policy Are Not “Related Acts”
Prior Knowledge Provisions Barred Coverage for Malpractice Claim Based on Pre-Policy Sanctions and Default Judgment
Prior Knowledge Provisions Barred Coverage for Malpractice Claim Based on Pre-Policy Sanctions and Default Judgment
Alleged Breach of Fiduciary Duty Not a “Securities Claim”
Alleged Breach of Fiduciary Duty Not a “Securities Claim”
SEC Investigation of Company Not a “Claim” or “Securities Claim”
SEC Investigation of Company Not a “Claim” or “Securities Claim”
Lawsuit Filed After Expiration of Policy Period for Lawyer’s Negligent Drafting of His Own Trust Agreement Not Covered Under Claims-Made Professional Liability Policy
Lawsuit Filed After Expiration of Policy Period for Lawyer’s Negligent Drafting of His Own Trust Agreement Not Covered Under Claims-Made Professional Liability Policy
Indiana Supreme Court Revives Insured’s Case for Ransomware-Related Coverage Under Commercial Crime Policy
Indiana Supreme Court Revives Insured’s Case for Ransomware-Related Coverage Under Commercial Crime Policy
Kentucky Court Holds That Notice-Prejudice Rule Does Not Apply to Claims-Made-And-Reported Policies
Kentucky Court Holds That Notice-Prejudice Rule Does Not Apply to Claims-Made-And-Reported Policies
Nevada Supreme Court Holds Insurer May Recoup Defense Costs
Nevada Supreme Court Holds Insurer May Recoup Defense Costs
No Coverage for Three Lawsuits Related to Email Not Timely Noticed; No Showing of Prejudice Required Where Notice Not As Soon As Practicable
No Coverage for Three Lawsuits Related to Email Not Timely Noticed; No Showing of Prejudice Required Where Notice Not As Soon As Practicable
No Coverage Under Legal Malpractice Policy for Solo Practitioner’s Family Disputes
No Coverage Under Legal Malpractice Policy for Solo Practitioner’s Family Disputes
Delaware Trial Court Holds that Fraudulent Transfer Claim by Bankruptcy Trustee is a “Securities Claim”
Delaware Trial Court Holds that Fraudulent Transfer Claim by Bankruptcy Trustee is a “Securities Claim”
Insurer Has Duty to Defend Suits Seeking Only Declaratory and Injunctive Relief
Insurer Has Duty to Defend Suits Seeking Only Declaratory and Injunctive Relief
Insurer Entitled to Rescind Policy Due to Insured’s Failure to Disclose Contract Dispute and Potential Claim on Application
Insurer Entitled to Rescind Policy Due to Insured’s Failure to Disclose Contract Dispute and Potential Claim on Application
Where Policy Contains no Duty to Defend, Reasonableness of Insurer’s Decision to Withhold Consent to Settlement Judged from Insurer’s Perspective
Where Policy Contains no Duty to Defend, Reasonableness of Insurer’s Decision to Withhold Consent to Settlement Judged from Insurer’s Perspective
Delaware Supreme Court Applies Delaware Law in D&O Coverage Dispute Involving California Company Incorporated in Delaware
Delaware Supreme Court Applies Delaware Law in D&O Coverage Dispute Involving California Company Incorporated in Delaware
Negligent Misrepresentation Claim Not Barred By Exclusion for Dishonest Conduct
Negligent Misrepresentation Claim Not Barred By Exclusion for Dishonest Conduct
Under “Law Most Favorable” Provision, Delaware Law Applies and Does Not Prohibit Coverage for Settlement of Alleged Ill-Gotten Gains
Under “Law Most Favorable” Provision, Delaware Law Applies and Does Not Prohibit Coverage for Settlement of Alleged Ill-Gotten Gains
Coverage for Stockholder Suits Not Barred By Prior Acts Exclusion or Bump-Up Provision
Coverage for Stockholder Suits Not Barred By Prior Acts Exclusion or Bump-Up Provision
Consumer Protection Claims Not Barred By Antitrust Exclusion
Consumer Protection Claims Not Barred By Antitrust Exclusion
Pandemic-Related Losses Not “Direct Physical Loss of or Damage to Property” And Do Not Trigger Coverage Under Commercial Property Policy
Pandemic-Related Losses Not “Direct Physical Loss of or Damage to Property” And Do Not Trigger Coverage Under Commercial Property Policy
No Coverage for Lawsuit Alleging Intentional Conduct to Circumvent Estate Plan
No Coverage for Lawsuit Alleging Intentional Conduct to Circumvent Estate Plan
Changes at the FTC Could Increase D&O Exposure
Changes at the FTC Could Increase D&O Exposure
Lawsuits Concerning Same Housing Development Project Are Related Claims
Lawsuits Concerning Same Housing Development Project Are Related Claims
Lawyer’s Multiple Acts of Negligence Constitute A Single Claim
Lawyer’s Multiple Acts of Negligence Constitute A Single Claim
Professional Services Exclusion Does Not Bar Coverage for Lawsuit Alleging “Business Decisions” of Healthcare Facility
Professional Services Exclusion Does Not Bar Coverage for Lawsuit Alleging “Business Decisions” of Healthcare Facility
Insurer Entitled to Rescind Due to Misrepresentations on Application
Insurer Entitled to Rescind Due to Misrepresentations on Application
Insurer’s Refusal to Participate in Settlement Negotiations Waives Consent-to-Settle Requirement
Insurer’s Refusal to Participate in Settlement Negotiations Waives Consent-to-Settle Requirement
No Coverage for Lawsuit Alleging Same Circumstances Asserted in Email Received Prior to Policy Period
No Coverage for Lawsuit Alleging Same Circumstances Asserted in Email Received Prior to Policy Period
Insured-versus-Insured Exclusion Precludes Coverage For Entire Suit Brought by Insureds and Non-Insureds
Insured-versus-Insured Exclusion Precludes Coverage For Entire Suit Brought by Insureds and Non-Insureds
Private Investment Funds: Major Developments from 2020
Private Investment Funds: Major Developments from 2020
New York Insurance Law Does Not Preclude Enforcement of Claims-Made-and-Reported Policy’s Notice Requirements
New York Insurance Law Does Not Preclude Enforcement of Claims-Made-and-Reported Policy’s Notice Requirements
Prior Knowledge and Prior Notice Exclusions Barred Coverage For Legal Malpractice Claim
Prior Knowledge and Prior Notice Exclusions Barred Coverage For Legal Malpractice Claim
Ninth Circuit Holds that Excess Carrier May Challenge Allocation of Primary Carrier’s Settlement that Resolves Both the Underlying Claim and a Coverage Dispute
Ninth Circuit Holds that Excess Carrier May Challenge Allocation of Primary Carrier’s Settlement that Resolves Both the Underlying Claim and a Coverage Dispute
No Coverage for Lawsuit That Related Back to Claim Made During Prior Policy Period
No Coverage for Lawsuit That Related Back to Claim Made During Prior Policy Period
Insured Failed to Timely Report Grievance Letter as 'Professional Claim,' But Insurer’s Late Notice Denial Waived By Seven-Month Delay
Insured Failed to Timely Report Grievance Letter as 'Professional Claim,' But Insurer’s Late Notice Denial Waived By Seven-Month Delay
Joint Venture Qualifies as a 'Subsidiary' Where Insured Holds Partial Economic Interest But 100% of Voting Rights
Joint Venture Qualifies as a 'Subsidiary' Where Insured Holds Partial Economic Interest But 100% of Voting Rights
No Coverage for Employment Lawsuit Where Insured Failed to Notice Earlier EEOC Charges
No Coverage for Employment Lawsuit Where Insured Failed to Notice Earlier EEOC Charges
Disclosure of False Claims Act Investigation Not Required by Policy Application Questions
Disclosure of False Claims Act Investigation Not Required by Policy Application Questions
Prior Acts Exclusion Bars Coverage for Shareholder Suits Based on Failure to Disclose Related-Party Transactions to SEC
Prior Acts Exclusion Bars Coverage for Shareholder Suits Based on Failure to Disclose Related-Party Transactions to SEC
Ninth Circuit Affirms Contract Exclusion Bars Coverage for False Claims Act Lawsuit
Ninth Circuit Affirms Contract Exclusion Bars Coverage for False Claims Act Lawsuit
No Coverage Under E&O Policy for Insured’s Loss of Funds Sent Pursuant to Fraudulent Instructions
No Coverage Under E&O Policy for Insured’s Loss of Funds Sent Pursuant to Fraudulent Instructions
Doctor’s Guilty Plea Establishes Basis for “Willful Violation” Exclusion from Coverage in Wrongful Death Case
Doctor’s Guilty Plea Establishes Basis for “Willful Violation” Exclusion from Coverage in Wrongful Death Case
Insurer Estopped from Denying Coverage for Legal Malpractice Action But Not Subsequent Disgorgement Action
Insurer Estopped from Denying Coverage for Legal Malpractice Action But Not Subsequent Disgorgement Action
Whether Insured Misrepresented or Concealed Information in Application is a Fact Issue for Trial
Whether Insured Misrepresented or Concealed Information in Application is a Fact Issue for Trial
Malpractice Insurer Not Liable for Bad Faith for Rejecting Settlement Demand Within Limits
Malpractice Insurer Not Liable for Bad Faith for Rejecting Settlement Demand Within Limits
Pre-Policy Settlement Letter Deemed a “Claim,” Barring Coverage for Related Lawsuits
Pre-Policy Settlement Letter Deemed a “Claim,” Barring Coverage for Related Lawsuits
Insurer Had No Duty to Defend or Indemnify for Lawsuit Refiled During the Policy Period
Insurer Had No Duty to Defend or Indemnify for Lawsuit Refiled During the Policy Period
Delaware Supreme Court Holds that Appraisal Proceeding is not a “Securities Claim”
Delaware Supreme Court Holds that Appraisal Proceeding is not a “Securities Claim”
Excess E&O Insurer Must Reimburse Defense Expenses Pending Resolution of Insured’s Coverage Dispute with Primary D&O Insurer
Excess E&O Insurer Must Reimburse Defense Expenses Pending Resolution of Insured’s Coverage Dispute with Primary D&O Insurer
Insurer Has Duty to Defend Lanham Act “False Advertising” Claims Despite False Advertising and Trademark Exclusions
Insurer Has Duty to Defend Lanham Act “False Advertising” Claims Despite False Advertising and Trademark Exclusions
Despite Allegation that Law Firm Was Not Providing “Legal Advice,” Complaint Triggers Duty to Defend Under Lawyers’ Professional Liability Policy
Despite Allegation that Law Firm Was Not Providing “Legal Advice,” Complaint Triggers Duty to Defend Under Lawyers’ Professional Liability Policy
Run-Off Endorsement Bars Coverage for “False Filings” Made in Connection with Construction Projects for State Agencies
Run-Off Endorsement Bars Coverage for “False Filings” Made in Connection with Construction Projects for State Agencies
Insurer Waived Right to Assert Policy Exclusion First Raised in Answer to Declaratory Judgment Complaint
Insurer Waived Right to Assert Policy Exclusion First Raised in Answer to Declaratory Judgment Complaint
Ninth Circuit: Excess Carrier Not Entitled to Challenge Payment Decisions of Underlying Carriers
Ninth Circuit: Excess Carrier Not Entitled to Challenge Payment Decisions of Underlying Carriers
Insured v. Insured Exclusion Held Not to Bar Action Brought by Creditor Trust
Insured v. Insured Exclusion Held Not to Bar Action Brought by Creditor Trust
D&O Claim Deemed Related to Prior Suit Brought by Different Parties
D&O Claim Deemed Related to Prior Suit Brought by Different Parties
Illinois Court Holds Fee Dispute Does Not Involve Professional Services
Illinois Court Holds Fee Dispute Does Not Involve Professional Services
No Coverage for TPA in Claim Arising from Extracontractual Exposure to Insurer
No Coverage for TPA in Claim Arising from Extracontractual Exposure to Insurer
Texas Court Holds Late Notice Bars Coverage
Texas Court Holds Late Notice Bars Coverage
Prior Knowledge Exclusions Apply Where Insured Received Three Letters from Potential Claimants and Issued Two Litigation Holds Before Policy Incepted
Prior Knowledge Exclusions Apply Where Insured Received Three Letters from Potential Claimants and Issued Two Litigation Holds Before Policy Incepted
California Court Enforces Federal Forum Selection Provision For 1933 Act Claims
California Court Enforces Federal Forum Selection Provision For 1933 Act Claims
EPL Insurer Must Defend Lawsuit Derived in Part from EEOC Claim and Retaliation Lawsuit Filed Prior to Policy Period
EPL Insurer Must Defend Lawsuit Derived in Part from EEOC Claim and Retaliation Lawsuit Filed Prior to Policy Period
Sanctions Carve-Out Bars Coverage for Show Cause Order Issued to Attorney
Sanctions Carve-Out Bars Coverage for Show Cause Order Issued to Attorney
Pre-Policy Email Demanding Payment of Overdue Legal Fees is Not a Claim
Pre-Policy Email Demanding Payment of Overdue Legal Fees is Not a Claim
Insurer that Breached Duty to Defend Bears Burden on Allocation of Defense Costs
Insurer that Breached Duty to Defend Bears Burden on Allocation of Defense Costs
Private Funds: SEC Examination and Enforcement Priorities
Private Funds: SEC Examination and Enforcement Priorities
Fact Issues Preclude Summary Judgment on Prior Knowledge Exclusion
Fact Issues Preclude Summary Judgment on Prior Knowledge Exclusion
Texas Court Holds “Instrumental Act” in Appraisal Litigation is Execution of Merger
Texas Court Holds “Instrumental Act” in Appraisal Litigation is Execution of Merger
11th Circuit Holds Insurer Must Defend Lawsuit Where Award of Attorneys’ Fees Was the Only Potentially Covered Relief
11th Circuit Holds Insurer Must Defend Lawsuit Where Award of Attorneys’ Fees Was the Only Potentially Covered Relief
Connecticut Federal Court Declines to Dismiss First-Filed Declaratory Judgment Action in Deference to Insured’s California State Court Action
Connecticut Federal Court Declines to Dismiss First-Filed Declaratory Judgment Action in Deference to Insured’s California State Court Action
Government Subpoena Issued to Insured Company Not a “Claim” Against Individual Insured
Government Subpoena Issued to Insured Company Not a “Claim” Against Individual Insured
No Coverage for Conduct Performed By Attorney In Uninsured Capacity
No Coverage for Conduct Performed By Attorney In Uninsured Capacity
No Coverage under Lawyer’s Professional Liability Policy for Client’s Lost Settlement Funds
No Coverage under Lawyer’s Professional Liability Policy for Client’s Lost Settlement Funds
Indemnification Demands Made by Stock Option Plan Trustee Not “Fiduciary Claims” for “Wrongful Acts”
Indemnification Demands Made by Stock Option Plan Trustee Not “Fiduciary Claims” for “Wrongful Acts”
No Coverage for Conduct Performed By Attorney In Uninsured Capacity
No Coverage for Conduct Performed By Attorney In Uninsured Capacity
Question of Fact When “Claim” “First Made” Where Insured Allegedly Did Not Become Aware of Claim Until After Policy Period
Question of Fact When “Claim” “First Made” Where Insured Allegedly Did Not Become Aware of Claim Until After Policy Period
Benefits the Insured Promised But Failed to Provide Constitute Non-Covered Restitution
Benefits the Insured Promised But Failed to Provide Constitute Non-Covered Restitution
Suits Alleging Anticompetitive Conduct by NCAA Deemed Related
Suits Alleging Anticompetitive Conduct by NCAA Deemed Related
“Written Demand” Made Within a “Civil Proceeding” is Not a New Claim
“Written Demand” Made Within a “Civil Proceeding” is Not a New Claim
ERISA Exclusion in E&O Policies Bars Coverage for Suit Filed by the Department of Labor
ERISA Exclusion in E&O Policies Bars Coverage for Suit Filed by the Department of Labor
No Coverage for Affirmative Lawsuit Challenging Distribution of Proceeds From Sale of Investment Assets
No Coverage for Affirmative Lawsuit Challenging Distribution of Proceeds From Sale of Investment Assets
No Coverage for Lawsuit Alleging Human Trafficking and Wage and Hour Violations
No Coverage for Lawsuit Alleging Human Trafficking and Wage and Hour Violations
Pre-Policy Period Letters to Disqualified Counsel from Claimant’s New Attorney are Not a Claim or A Prior Incident that Could be the Basis for a Claim
Pre-Policy Period Letters to Disqualified Counsel from Claimant’s New Attorney are Not a Claim or A Prior Incident that Could be the Basis for a Claim
Contract Exclusion Bars Coverage for Class Action
Contract Exclusion Bars Coverage for Class Action
Insurer Required to Defend Until “Satisfaction” of Covered Verdict
Insurer Required to Defend Until “Satisfaction” of Covered Verdict
EPL Exclusions in D&O Policy Barred Coverage for Wage-and-Hour Class Action
EPL Exclusions in D&O Policy Barred Coverage for Wage-and-Hour Class Action
Illinois Court of Appeals Rules Insurer Did Not Act in Bad Faith in Denying Coverage Where Claim Was Made Before Policy Period
Illinois Court of Appeals Rules Insurer Did Not Act in Bad Faith in Denying Coverage Where Claim Was Made Before Policy Period
Insurer Did Not Act in Bad Faith by Denying Coverage for Claim that Turned On Unsettled Question of Law
Insurer Did Not Act in Bad Faith by Denying Coverage for Claim that Turned On Unsettled Question of Law
D&O Policy’s “Third-Party Services” Exclusion Bars Coverage for Claim Brought by Insured’s Client
D&O Policy’s “Third-Party Services” Exclusion Bars Coverage for Claim Brought by Insured’s Client
Liu v. SEC: What Is “Disgorgement”?
Liu v. SEC: What Is “Disgorgement”?
No Coverage for Claim Deemed First Made Prior to Inception of Policy Period
No Coverage for Claim Deemed First Made Prior to Inception of Policy Period
No Coverage for Related Claims Reported After Policy Period During Which Claim Was First Made
No Coverage for Related Claims Reported After Policy Period During Which Claim Was First Made
Fourth Circuit: FCA Suit Alleging False Medicaid Reimbursement Claims “Arises out of a Medical Incident” under North Carolina Law
Fourth Circuit: FCA Suit Alleging False Medicaid Reimbursement Claims “Arises out of a Medical Incident” under North Carolina Law
Negligent Failure to Supervise Claim Barred by Misappropriation of Trade Secrets Exclusion
Negligent Failure to Supervise Claim Barred by Misappropriation of Trade Secrets Exclusion
Ninth Circuit Holds That Alleged Misappropriation of Client Funds Triggers E&O Coverage, But No Bad Faith Where Insurer’s Denial Was Reasonable
Ninth Circuit Holds That Alleged Misappropriation of Client Funds Triggers E&O Coverage, But No Bad Faith Where Insurer’s Denial Was Reasonable
Alleged Errors In Employee Benefits Administration Potentially Trigger Fiduciary Liability Policy
Alleged Errors In Employee Benefits Administration Potentially Trigger Fiduciary Liability Policy
Alleged Violations of Fair Labor Standards Act and New York Labor Law Not “Wrongful Acts” Under Employment Practices Liability Policy
Alleged Violations of Fair Labor Standards Act and New York Labor Law Not “Wrongful Acts” Under Employment Practices Liability Policy
Class Actions Comprising Different Class Periods Causally and Logically Related
Class Actions Comprising Different Class Periods Causally and Logically Related
Breach of Contract Claim Not Barred By Fraud Exclusion
Breach of Contract Claim Not Barred By Fraud Exclusion
No Computer Fraud Coverage for Ransomware Attack
No Computer Fraud Coverage for Ransomware Attack
E&O Coverage for Embezzlement Precluded by Commingling Exclusion
E&O Coverage for Embezzlement Precluded by Commingling Exclusion
Wire Fraud and Money Laundering Can Be “Professional Services” Triggering Criminal Acts Exclusion
Wire Fraud and Money Laundering Can Be “Professional Services” Triggering Criminal Acts Exclusion
No Coverage for Judgment Premised on Same Facts Asserted in Suit Filed Prior to Policy Period
No Coverage for Judgment Premised on Same Facts Asserted in Suit Filed Prior to Policy Period
First Circuit Holds “Breakaway” Church Not an “Insured” Under Original Church’s D&O Policy
First Circuit Holds “Breakaway” Church Not an “Insured” Under Original Church’s D&O Policy
Claims Arising Out of Alleged Sexual Abuse by Doctor are “Related Claims” Subject to Single Limit of Liability Under Sexual Misconduct Endorsement
Claims Arising Out of Alleged Sexual Abuse by Doctor are “Related Claims” Subject to Single Limit of Liability Under Sexual Misconduct Endorsement
Criminal Act Exclusion Bars EPL Coverage for Sexual Harassment, Discrimination, and Assault Suits
Criminal Act Exclusion Bars EPL Coverage for Sexual Harassment, Discrimination, and Assault Suits
No Duty to Defend or Indemnify Lawsuit Overlapping With Prior EEOC Charge
No Duty to Defend or Indemnify Lawsuit Overlapping With Prior EEOC Charge
Issues of Fact Halt Insurer’s Attempt to Rescind Malpractice Policy
Issues of Fact Halt Insurer’s Attempt to Rescind Malpractice Policy
Insurer Required to Defend and Provide Independent Counsel for Potentially Covered Claims
Insurer Required to Defend and Provide Independent Counsel for Potentially Covered Claims
Suit Against “Doe” Defendant is Not a “Claim”
Suit Against “Doe” Defendant is Not a “Claim”
Undue Influence Suit Alleges “Negligent Act, Error or Omission” Under E&O Policy
Undue Influence Suit Alleges “Negligent Act, Error or Omission” Under E&O Policy
Untimely Notice of Server Outage and Related Client Communications Bars Coverage for Claim Filed against Technology Service Provider
Untimely Notice of Server Outage and Related Client Communications Bars Coverage for Claim Filed against Technology Service Provider
Incarceration Constitutes Continuous Injury Triggering Duty to Defend
Incarceration Constitutes Continuous Injury Triggering Duty to Defend
“Known Loss” Provision Bars Coverage for Lawsuit Threatened in Pre-Policy Period Cease and Desist Letter
“Known Loss” Provision Bars Coverage for Lawsuit Threatened in Pre-Policy Period Cease and Desist Letter
Arrest and Filing of Charges Triggers Wrongful Conviction Defense Coverage
Arrest and Filing of Charges Triggers Wrongful Conviction Defense Coverage
Negligent Services Exclusion Bars Coverage for Lawyer’s Actions as Trustee
Negligent Services Exclusion Bars Coverage for Lawyer’s Actions as Trustee
Private Investment Fund Claims from an Insurance Perspective
Private Investment Fund Claims from an Insurance Perspective
SEC Enforcement Action Deemed a Single Claim With Prior SEC Investigation and Shareholder Suits
SEC Enforcement Action Deemed a Single Claim With Prior SEC Investigation and Shareholder Suits
Breach of Contract Exclusion Applies to Lost Profits Award
Breach of Contract Exclusion Applies to Lost Profits Award
Declaratory Judgment Complaint Constitutes a Reportable Claim for a Wrongful Act; Subsequent Amended Complaint Adding Insured Defendants Not a Separate Claim
Declaratory Judgment Complaint Constitutes a Reportable Claim for a Wrongful Act; Subsequent Amended Complaint Adding Insured Defendants Not a Separate Claim
Insurer Has No Duty to Defend Insured in “Defensive” Arbitration Proceeding
Insurer Has No Duty to Defend Insured in “Defensive” Arbitration Proceeding
Insurer’s Failure to Obtain Allocation in Arbitration Award Results in Coverage for Full Award
Insurer’s Failure to Obtain Allocation in Arbitration Award Results in Coverage for Full Award
Lack of Knowledge Requirement Nixes Coverage for Social Engineering Fraud Under Computer Transfer or Funds Transfer Fraud Limits
Lack of Knowledge Requirement Nixes Coverage for Social Engineering Fraud Under Computer Transfer or Funds Transfer Fraud Limits
SEC Investigation Is a Claim First Made When Formal Order of Investigation Issues
SEC Investigation Is a Claim First Made When Formal Order of Investigation Issues
Insurer Must Defend Legal Malpractice Claim for Damages in the Amount of Fees Paid, Despite Carve Out of “Legal Fees” from Definition of “Damages”
Insurer Must Defend Legal Malpractice Claim for Damages in the Amount of Fees Paid, Despite Carve Out of “Legal Fees” from Definition of “Damages”
No Coverage for Underlying Settlement with Government Because Government Was Not Insured’s “Client”
No Coverage for Underlying Settlement with Government Because Government Was Not Insured’s “Client”
Delaware Supreme Court Reverses Chancery Court; Concludes Federal Forum Selection Provisions Enforceable For 1933 Act Claims
Delaware Supreme Court Reverses Chancery Court; Concludes Federal Forum Selection Provisions Enforceable For 1933 Act Claims
Contract Exclusion Bars Coverage for Lawsuit Over Stock Repurchase Agreement
Contract Exclusion Bars Coverage for Lawsuit Over Stock Repurchase Agreement
Ninth Circuit Holds Demand Letter and Suit Alleging Same Wrongful Acts Are Not Necessarily a Single Claim Where Policy Lacks Related Claims Provision
Ninth Circuit Holds Demand Letter and Suit Alleging Same Wrongful Acts Are Not Necessarily a Single Claim Where Policy Lacks Related Claims Provision
Vague Allegations Did Not Trigger Prior Knowledge Condition at Duty-to-Defend Stage
Vague Allegations Did Not Trigger Prior Knowledge Condition at Duty-to-Defend Stage
Absent Prejudice, Breach of Notice Conditions Does Not Relieve Insurer of Coverage Obligations
Absent Prejudice, Breach of Notice Conditions Does Not Relieve Insurer of Coverage Obligations
Subpoena Not a 'Claim' When Issued in Litigation Not Involving Insured’s Professional Services
Subpoena Not a 'Claim' When Issued in Litigation Not Involving Insured’s Professional Services
Coverage for Common Law Causes of Action Not Barred Under ERISA/Securities Law Exclusion
Coverage for Common Law Causes of Action Not Barred Under ERISA/Securities Law Exclusion
Nebraska Supreme Court Rules Professional Services Exclusion Not Applicable to Law Enforcement
Nebraska Supreme Court Rules Professional Services Exclusion Not Applicable to Law Enforcement
Claims Alleging Same Conduct Against Same Insured But Based on Different Specific Facts Not Related Under D&O Policy
Claims Alleging Same Conduct Against Same Insured But Based on Different Specific Facts Not Related Under D&O Policy
Massachusetts SJC: E&O Insurers May Allow Insureds to Veto Settlement, But Settlement-Related Duties to Claimants Remain
Massachusetts SJC: E&O Insurers May Allow Insureds to Veto Settlement, But Settlement-Related Duties to Claimants Remain
Wrongful Conviction 2020: The Rising Tide of Insurance Trigger Litigation
Wrongful Conviction 2020: The Rising Tide of Insurance Trigger Litigation
Retroactive Date Bars Coverage for Underlying Discrimination Action
Retroactive Date Bars Coverage for Underlying Discrimination Action
Court Holds Insurer Cannot Allocate Settlement Between Covered and Non-Covered Claims
Court Holds Insurer Cannot Allocate Settlement Between Covered and Non-Covered Claims
Delaware Adopts Larger Settlement Rule
Delaware Adopts Larger Settlement Rule
Ransomware Attack Involves “Direct Physical Loss of or Damage to” Software, Data and Computer Systems
Ransomware Attack Involves “Direct Physical Loss of or Damage to” Software, Data and Computer Systems
Untimely Reservation of Rights Estops Insurer from Denying Coverage
Untimely Reservation of Rights Estops Insurer from Denying Coverage
No Coverage for Lawsuit Seeking Recovery of Disputed Legal Fees
No Coverage for Lawsuit Seeking Recovery of Disputed Legal Fees
Insurer Must Advance Defense Costs as Incurred and Cannot Enforce Policy’s Defense Arrangement Consent Provision
Insurer Must Advance Defense Costs as Incurred and Cannot Enforce Policy’s Defense Arrangement Consent Provision
Notice Prejudice Rule Not Applicable to Claims-Made-And-Reported Policies
Notice Prejudice Rule Not Applicable to Claims-Made-And-Reported Policies
Lawsuit Arising Out of Three Design Errors is a Single “Claim,” and Prior Knowledge and Prior Notice Provisions Bar Coverage
Lawsuit Arising Out of Three Design Errors is a Single “Claim,” and Prior Knowledge and Prior Notice Provisions Bar Coverage
Concealment of Pending Lawsuits in Renewal Application Voids Policy
Concealment of Pending Lawsuits in Renewal Application Voids Policy
“May” and “Might” are Sufficiently Clear and Unambiguous to Support Rescission Claim
“May” and “Might” are Sufficiently Clear and Unambiguous to Support Rescission Claim
Obligation to Timely Report Claim Applies Even if Claim Appears to Have Been Abandoned
Obligation to Timely Report Claim Applies Even if Claim Appears to Have Been Abandoned
No Coverage for Claim Made During Initial Policy Period but Reported During Renewal Policy Period
No Coverage for Claim Made During Initial Policy Period but Reported During Renewal Policy Period
Ill. Ruling Clarifies Wrongful Incarceration Insurance Triggers
Ill. Ruling Clarifies Wrongful Incarceration Insurance Triggers
Exclusion for Violation of Consumer Protection Laws Does Not Bar Coverage for Alleged Violation of Landlord-Tenant Law
Exclusion for Violation of Consumer Protection Laws Does Not Bar Coverage for Alleged Violation of Landlord-Tenant Law
No EPL or D&O Coverage for Intra-Corporate Shareholder Dispute
No EPL or D&O Coverage for Intra-Corporate Shareholder Dispute
Coverage for Lawsuit Against School District Involving Student’s Acts of Sexual Misconduct Not Barred by Sexual Misconduct Exclusion
Coverage for Lawsuit Against School District Involving Student’s Acts of Sexual Misconduct Not Barred by Sexual Misconduct Exclusion
Fraud Exclusion Inapplicable Where Insured Unwittingly Transferred Funds to Fraudsters
Fraud Exclusion Inapplicable Where Insured Unwittingly Transferred Funds to Fraudsters
Civil Contempt Proceeding Inherently Seeks Non-Covered “Sanctions”
Outside Business Exclusion Bars Coverage for Claims Indirectly Related to Outside Business
Delaware Supreme Court Holds Trustee Action Alleging Breach of Fiduciary Duty, Unlawful Dividend, and Fraudulent Transfer Is Not a “Securities Claim”
Exclusion for Wage and Hour Law Claims Limited to Laws Concerning Duration Worked or Remuneration Received in Exchange for Work
CEO’s Abuse of Position is Not “Professional Services” and Negligence Claim for Return of Monies Does Not Seek “Damages”
Court Sends Disputes Regarding Cooperation and Prior Knowledge to the Jury
No Coverage for Wrongful Death Suit after a Doctor’s Guilty Plea in Criminal Action
Excess E&O Policy Not Triggered After Exhaustion Of Primary Policy, Where There Is At Least Potential For Coverage Under Separate D&O Policy
Insurer Could Not Assert Late Notice Defense Because Letter from Department of Labor Did Not Allege a “Fiduciary Claim” for a “Wrongful Act”
Third Circuit Finds Major Shareholder Exclusion Ambiguous as Applied to Company Acquiring All of Insured’s Stock after Policy Period
Insured-Versus-Insured Exclusion Does Not Bar Coverage for Derivative Claim Arising from Alleged Employment-Related Misconduct
Seventh Circuit: Breach of Contract Exclusion Renders E&O Coverage Illusory
Assault and Battery Exclusion Bars Coverage for Negligence Action Arising from Stabbing at Concert
Insurer Did Not Breach Any Duty to Insured Where Payment of Defense Costs Exhausted Policy Limit
No Duty to Defend Claims Brought by California Attorney General Under Unfair Competition or False Advertising Laws
Declaratory Judgment Pleading and Allocation: Don’t Demand “All or Nothing” Unless You Really Mean It
California Court Holds that “Wage and Hour Law” Limitations on Coverage Unambiguously Applied to Labor Code Violations
Failure to Provide Notice of Claim “As Soon As Practicable” Precludes Coverage
No Coverage for Criminal Investigation Where Claim Was Not Reported During Applicable Notice Period
Fifth Circuit: Late Notice of First Claim Bars Coverage for Related Claims
Professional Services Performed Outside Covered Territory Precludes Coverage for Medical Negligence Claim
Claim Against Law Firm Alleging Failure to Transfer Client Files Satisfies Policy’s Definition of “Legal Services”
Breakaway Church Not an “Insured” Under Original Church’s D&O Policy
Failure to Report EEOC Charge Precludes Coverage for Interrelated Lawsuit
No E&O Coverage for Breach of Contract and Intentional Torts
Availability of Information Regarding Ongoing Lawsuit Does Not Preclude Exclusions for Prior Acts or Pending Litigation
No Coverage for Receiver’s Claw Back Claim Against D&O Because Profit Exclusion Applied and Claim Did Not Arise Out of a “Wrongful Act”
Letter to Insured Asserting Right to Patent Applications Constitutes a Claim Made Prior to D&O Policy Period
Fifth Circuit Holds Securities Exclusion Bars Coverage for Suit Arising out of Sale of Equity Interests
Interrelated Claims Provision Precludes Coverage for Putative Class Action
Court Lets Insured’s Third-Party Beneficiary Claim Proceed Against Adjuster With Which It Had No Contract
No Coverage Because of Late Notice and Undisclosed Prior Knowledge of Claim
Insured Bears Burden of Establishing that Exception to Insured Versus Insured Exclusion Applies
Third Party’s Breach of Contract Claim Against Broker Survives Motion to Dismiss
Insurer Must Defend Insured in Claim Alleging Use of Counterfeit Materials Because “Professional Services” Definition Was Ambiguous and No Exclusion Barred Coverage
Three Separate Policy Exclusions and Wrongful Acts Outside the Policy Period Bar Coverage for California False Claims Act Lawsuit
First Circuit Holds UBS Puerto Rico Bond Claims Barred by Specific Litigation Exclusion
Claim Supplement in Renewal Application Did Not Constitute Proper Notice under Claims-Made-and-Reported Policy
Insurer Lacked Conclusive Evidence of Insured’s Involvement to Trigger I v. I Exclusion; Insured’s Compromise of Favorable Judgment to Settle Multiple Suits Not a “Loss”
Former Of Counsel Is Still “Insured Person” After Leaving Law Firm
Fraud Exclusion Bars Coverage for Insured Found in Violation of Federal Securities Laws
Eleventh Circuit Applies Securities Exclusion Broadly
Defense Cost Recoupment Provisions Enforceable Under Washington Law
No Coverage for Claims Alleging Pre- and Post-Prior Acts Date Conduct
Specific Matter Exclusion Bars Coverage for Lawsuits Involving Same Parties as Lawsuit Included in Definition of “Specific Matter”
5th Circ. Insights On Wrongful Conviction Insurance Coverage
SEC Investigation Constitutes One Claim; Component Subpoenas Are Not Written Demands for Non-Monetary Relief
Invasion of Privacy Exclusion Bars Coverage for Consent Judgment in TCPA Claim
Failure to Give Timely Notice of Arbitration Bars Coverage, Even Where Insured Gave Timely Notice of Related Claim
Illinois Court Holds Insured is Entitled to Independent Counsel to Defend Uncovered Punitive Damages Claim
Regulatory Warning Notices Asserting Damages Based on Same Acquisition Involve “Related Wrongful Acts”
Insured Entitled to Independent Counsel Where Coverage Action Turns on Facts That Could be Used to Establish Underlying Liability
Duty to Defend Triggered Given “Possibility” of Wrongful Act
Maine District Court Holds Insurer Has No Duty to Defend SEC Enforcement Action Because Disgorgement Constitutes a Penalty
Prior Favorable Coverage Determination is Evidence of Good Faith
Two Lawsuits Based on Real Estate Broker’s Dual Representation of Buyers and Sellers in Same Transaction Arise from Same Wrongful Act
Application Did Not Require Insureds To Disclose Pre-Policy Claim When No Wrongful Acts Asserted
Dole Insurers Did Not Act in Bad Faith
ERISA Exclusion Bars Coverage for Claims Arising From Denial of Employee’s Insurance Benefits
No Coverage for Wage and Hour Claims Under Labor Professional Liability Policy
Run-Off Exclusion Precludes Coverage for OIG Subpoena
Connecticut Supreme Court Answers Certified Question in Favor of Insurance Adjuster, Holding That Continuing Course of Conduct Doctrine Did Not Toll Statute of Repose
Contract Exclusion Bars Coverage for Demand for Cost-Overrun Payment
Warranty Exclusion Bars Coverage Where Start-Up Made Material Misrepresentations in Application about Potential Acquisitions
Excess Carrier Not Entitled to Compel Production of Insured’s Settlement Agreement with Underlying Carriers
Coverage Barred Because Causally Related Claims Deemed a Single Claim Under Earlier Policy
Options Trading Exclusion Unambiguously Bars Coverage for Investor Claims
Claims Based on Similar Wrongdoing Deemed “Related” Despite Geographic Differences of Class Composition
Charter School’s Notice of Closure Constitutes a “Claim” First Made Before the Policy Period
Specific Entity Exclusion Bars Coverage of Timely-Noticed Lawsuit
Non-Covered Pre-Policy Claims for Return of Fees Do Not Impact Coverage for Breach of Duty Claim During Policy Period
Insured’s Subjective Belief Regarding Likelihood of Being Sued Irrelevant to Prior Knowledge Analysis Under Pennsylvania Law
Claims Arising out of Insured’s Contractual Obligation to Provide Employee Benefits Plans Are Not Because of a Wrongful Act
Fourth Circuit Holds Virginia Statute Imposing Deadline to Deny Coverage Does Not Apply to Claim Reported Outside Policy Period
No Duty to Defend or Indemnify Due to Securities Exclusion, Consumer Protection Law Exclusion, and Investment Performance Exclusion, but Insurer Cannot Recoup Defense Costs
Ninth Circuit Holds Section 533 and Financial Services Exclusion Do Not Bar Coverage for Alleged Mortgage Modification Scam
No Coverage for Whistleblower Action or Subpoena Noticed to Insurer After End of Policy Reporting Period
Court Holds Under Colorado Law Insurer is Entitled to Reimbursement of Settlement Payment From Insured
False Claims Act Investigation Does not Implicate “Professional Services”
Fact Disputes Preclude Summary Judgment Over Insurer’s Failure to Provide Immediate Defense
Billing Fraud Penalties Do Not Constitute “Damages” Under Professional Liability Policy
Professional Services and ERISA Exclusions Do Not Bar Coverage for Mismanagement Lawsuit Brought by Pension Fund Against Real Estate Advisory Fund
No Duty to Defend or Indemnify Due to Securities Exclusion
Third-Party Complaint Seeking Indemnity from IT Company for Underlying Medical Malpractice Suit Barred by Medical Services and Bodily Injury Exclusions
Seventh Circuit Holds that Actual Wrongful Act Must be Established to Trigger Prior Knowledge Exclusion
Specific Circumstances and Prior Notice Exclusions Bar Coverage for Trustee’s Lawsuit Against Former Directors and Officers
Corporate Coverage Considerations: California Appellate Court Confirms Enforceability of Delaware Forum Selection Bylaws
Delaware Chancery Court Rules Federal Forum Selection Clause in Corporate Charter Unenforceable
Eighth Circuit Affirms No Coverage for Lawsuit for Breach of Noncompetition Covenant
Insurer Must Defend Utility in Suit Based on Outage, Despite Exclusion for Property Damage and Resulting Loss of Use
Statute of Limitations Period Begins When Insured Can Plead Prima Facie Elements of Bad Faith Case
Warranty Precludes Coverage for SEC Action Under Excess Policy
“Capacity” Exclusion Bars Coverage for Two Directors for Claims of Wrongdoing and Fiduciary Breaches Outside Their Insured Capacity
Excess Insurer Not Bound by Primary Insurer’s Payment of Uninsurable Disgorgement Settlement
“Professional Services” Exclusion Bars Coverage for Law Enforcement Investigations
Attorneys’ Fees Awarded Pursuant to Statute Are Not “Damages”
Four-Month Delay in Sending Reservation of Rights Letter Creates Issue of Fact
Fourth Circuit Affirms that All Claims Arising from Negligent Design of Two, Nearly Identical Bridges Constitute “Related Claims”
Two Class Action Lawsuits Are “Related,” Despite Different Plaintiffs and Different Time Periods
Contract Exclusion Precludes Coverage for Breach of Health Management Service Provider Agreement
Nebraska Court Rules Injury from Malicious Prosecution Occurs at Time of Charging
Monetary Loss from Fraudulent Email Scheme Triggers Coverage Under Business Owners’ Policy
Law Firm’s Dispute Over Contingency Fee Does Not Involve Covered Loss
Negligent Supervision of Funds Exclusion Bars Coverage for Trust Investment Losses
Alleged Fraudulent Submission of Medicaid Claims Does Not Constitute Rendering or Failure to Render Medical Professional Services
No Coverage for Malpractice Suit Implicating Policy’s Outside Business Exclusion
Law Firm Entitled to Coverage for Claim Alleging Failure to Transfer Client Materials and to Notify Clients of Departing Attorneys
Securities Suits Alleging Misstatements About Financial Performance Over Same Time Period Constitute A Single Claim
Alleged 42 U.S.C. § 1983 Violations Not Professional Services Caused by “Negligence”
No Personal Injury Coverage for Payment Card Breach Because Damages Resulted from Hacker’s Criminal Conduct, Not Insured’s Data Security Practices
Disgorgement of Profits Realized by Insured’s Customers is a Penalty, Not Insurable Loss
Bodily Injury Exclusion Inapplicable to Wrongful Death Suit
Ten Lawsuits Alleging Mishandling or Sale of Human Body Parts Constitute a Single “Claim”
Contract Exclusion Bars Coverage for Negligence Claims Arising From Insured’s Alleged Breach of Contract
No Coverage for Lawsuit Where SEC Notices Issued Prior to Policy Period Alleged Related Investment Misconduct
Prior and Pending Litigation Exclusion Does Not Apply Where Insurer Cannot Establish Facts Alleged in Later Investigation Were “Underlying” Prior Investigation
Resident’s Three Claims Against Condo Association Spanning Multiple Years Deemed Single Claim Subject to Single Limit
Lawsuit Arising Out of Attorney-Client Fee Dispute Did Not Seek “Damages”
SEC’s Formal Order of Investigation Constitutes “Claim” First Made Before Policy Period
Court Denies Reconsideration of Holding that Securities Exclusion Bars Coverage for Claims Involving Misrepresentations Made During Sale of Securities
Montana Supreme Court Holds Insurer Does Not Have Statutory Right to Rescind Lawyers’ Professional Liability Policy
First Circuit Holds Physician’s Accessing of Ex-Wife’s Medical Records Allegedly to Harass Does Not Constitute “Professional Services”
Court Finds Insurer Entitled to Recoupment, Declines to Follow ALI Restatement on the Law of Liability Insurance
Insured’s Payment to Stockholders to Settle Bankruptcy Dispute Relates to Prior Notice of Circumstances
Lawsuits Involving a “Continuing Pattern of Anticompetitive Behavior” Constitute Related Claims
Wells Notices and Subsequent Enforcement Action Deemed First Made at the Time when SEC Original Investigation Began
Law Enforcement Liability Policy Triggered by Suit for Violation of Constitutional Rights
Georgia Court Reaffirms Longstanding Rule on Conflicting “Other Insurance” Provisions
Stockholder Demand Letter for Legal Expenses for Stockholder Dispute Constitutes Covered Claim for Wrongful Act
No Duty to Defend Under Claims-Made-and-Reported Policy Where Notice of Claim Given Nine Months After Cancellation
Prior Knowledge Exclusion Does Not Require Absolute Certainty of Future Claim
Court Rules that “Direct Means Direct” in Crime Policy, Rejecting Proximate Cause Analysis
Specific Litigation Exclusion Bars Coverage for Separate Proceeding Involving Same Conduct in Allegedly Oversupplying “Pill Mills”
Settlement Payments Not Uninsurable Disgorgement Where Not Conclusively Linked To Improperly Acquired Funds
Investigation Seeking Sanctions and Return of Fees Sought No Covered “Damages”
Sixth Circuit Finds Insurer Obligated to Cover Loss from Fraudulent Email Scheme
Mailroom Mix-Up Cannot Excuse Notice Requirement Noncompliance
Broad Contract Exclusion Did Not Render Errors & Omissions Coverage “Illusory”
Delaware Supreme Court Holds Texas Law Applies to Comprehensive Insurance Program Issued to a Texas Corporation and Its Subsidiaries
Appeals Court Holds that Computer Fraud Policy Covers Spoofing Attack
6th Circuit Affirms No Coverage Where Insured Concealed Claim and Underlying Facts Before Giving Untimely Notice of Claim
Property Management and Financial Interest Exclusions Bar Coverage for Real Estate Professionals
Contract Exclusion Does Not Bar Defense Obligation for Alleged Payment Card Breach
Insurer Obligated to Defend Entire Suit Where Covered Claim Could Stand Independent of Non-Covered Claims
West Virginia High Court Reinstates Rescission Suit
Intentional Acts Exclusion Precludes Duty to Defend Complaint Alleging Willful Conduct
Failure of Insured to Provide Timely Notice Under Claims-Made Policy Bars Suit Against Insurer of Bankrupt Insured
Insureds Entitled to Advancement of Defense Costs But Not Equitable Reallocation of Policy Proceeds
Professional Services Exclusion Precludes Coverage for False Claims Act Lawsuit
Court Holds Prior Acts Exclusion Bars Coverage for Securities Lawsuit
Court Holds that Government-Issued Subpoena Constitutes a Claim
Faulty Workmanship Exclusion in Professional Liability Policy Bars Coverage for Faulty Design and Construction
Insurer Has No Duty to Defend Law Firm Against Allegations of Overbilling
Ninth Circuit Holds Section 533 ‘Willful Acts’ Exclusion Does Not Bar Coverage for Alleged Violations of California False Claims Act
Collateral Estoppel Bars Relitigation of Issues Bearing on Prior Knowledge of Potential Claim
Multiple Claims Arising from Employee’s Termination Deemed Related
Tax Advice Was Not “Professional Services” Under Life Insurance Agents E&O Policy
Fraudulent Voucher Redemption Scheme Perpetrated by Phone Involves “Use of Computer” but Does Not “Directly Result” in Covered Loss
Four Claims Regarding Same Appraisal Methodology Are Covered but Related and Therefore Confined to One Policy Year
No Coverage Due to Material Misrepresentation on Insurance Application Based on Totality of Circumstances
Computer Fraud Claim Triggers Insurer’s Duty to Pay Defense Costs Despite “Gravamen” of Litigation Involving Excluded Misappropriation Claims
Two Exclusions Bar Coverage under Cyber Policy for TCPA Claim
Insured Fails to State a Claim for Bad Faith and Cannot Pursue Extra-Contractual Damages Without Independent Tort
Insurer Cannot Invoke Arbitration Clause Following Breach of Duty to Defend
Alleged Sexual Abuse by Teacher Not Covered as “Educational Employment Activities”
Amended Complaint Raising Different Legal Theory Is Not a Claim First Made at Time of Initial Complaint
Application Exclusion Does Not Apply When Misstatements Were Not “But For” Cause of Claim
Civil Conspiracy Triggers Dishonesty Exclusion
Exclusion Bars Coverage for Fraudulent Instruction Loss when Employee with Authority to Initiate Wire Transfer Enters Fraudulent Account Information
No Coverage Under Claims Made and Reported Policy for Claim Reported After Policy Expiration
No Legal Fees for M&A Objector Where Transaction Resulted in Loss of Standing to Object
Excess Insurer Standing in Shoes of Insured for Equitable Subrogation Claim against Primary Insurer Must Prove Bad Faith
D&O Coverage Available for Executive Sued in Insured Capacity, But Not for Insured Entity
Fifth Circuit Holds That Fortuity Doctrine Precludes Coverage for Claim That Pre-Dated Policy
Ninth Circuit Holds Excess Policy Unambiguously Required Exhaustion of Underlying Limits by Insurers Under Either New York or California Law
No Coverage for Underlying Lawsuits Due to Insured’s Failure to Provide Notice as Soon as Practicable
Insurer Entitled to Coverage Litigation Attorneys’ Fees Under Arizona Statute
Prior Knowledge Exclusion in Application Bars Coverage for Undisclosed Claim that Led to Litigation
Court Holds Prior Litigation and Event Exclusion Does Not Apply
Insurer Entitled to Rescind Policy Where Insured Law Firm Made Material Misrepresentations in Application
In Suit Against General Contractor, Sub-Contractor’s Policy Provides Primary Coverage Over General Contractor’s Own Policy
Regulatory Action Sublimit Unambiguously Applies to State Disciplinary Proceeding Against Life Insurance Agent
Unambiguous Claims-Made-and-Reported Professional Liability Policy Bars Coverage for Late Noticed Claim
All Claims Arising from Negligent Design of Two, Nearly Identical Bridges Constitute “Related Claims”
Letter Outlining Objections to Excessive Legal Fees Constitutes “Claim”
Pleading in Suit Between Medical Practice Partners Fails to Trigger Duty to Defend Under Employment Practices Liability Policy
DOJ Investigation Constitutes Seven “Claims,” But Specific Litigation and Pending-Or-Prior Litigation Exclusions Bar Coverage
No Coverage Available Under Crime Policy for Losses Not Discovered “During the Policy Period”
Claim based on Failed IT Transition Does Not Involve Property Damage or Loss of Use
Ninth Circuit: Deceptive Business Practices Exclusion Does Not Bar Coverage for Kickback Suit
Text Messages Sent in Violation of TCPA Held to Implicate Professional Services Coverage
TCPA Statutory Damages Are Uninsurable Penalties Under Colorado Law
Notice of Accident Constitutes Timely “Claim” Based on Insurers’ Conduct
Court Holds Insurance Exclusion Bars Coverage for Lawsuit Arising Out Of Lapse in Client’s Insurance Policy
NY Court Rejects Disclosure-Only Shareholder Class Action Settlement
Allegations of Fraudulent Scheme by Lawyer to Induce Payment of Insurance Benefits Constitutes “Professional Legal Services”
Letter Advising Insured Attorney to Put Carrier on Notice Does Not Make Subsequent Claim Foreseeable
No Coverage for Criminal Investigation Where Sealed Affidavit Identifying Insured as Target of Investigation Was Not Reported During Policy Period
Lack of Civil Lawsuit Precludes Duty to Defend, While Prior Knowledge Exclusion Bars Indemnity Coverage
Iowa Court Holds that Medical Record Request Does Not Constitute a “Claim”
D&O Insurer Has Duty to Defend Where Allegations Arguably Implicate Insured Capacity
Specific Litigation Exclusion Bars Coverage for Puerto Rico Mutual Fund Suits and Arbitrations
Securities Exclusion Bars Coverage for Claims Bearing “Incidental Relationship” to Excluded Conduct
Eleventh Circuit Holds Prior Acts Exclusion Does Not Apply to Claim by FDIC Against Failed Bank
No Second Bite for Derivative Plaintiffs: Delaware Supreme Court Rebuffs Invitation to Undermine Preclusive Effect of Prior Unsuccessful Derivative Action
Lawsuit Filed by Company Against Former Officer Does Not Trigger Employment Practices Liability Coverage
Insurer Entitled to Rescind Policy But Not to Reimbursement of Defense Costs
Ninth Circuit Affirms Allegations of Discrimination and Harassment Triggered Duty to Defend Class Action for California Labor Code Violations
Insurer May Rescind Policy Where Insured Failed to Disclose Pending Investigation
Breach of Fiduciary Duty Claim Against Lawyer Acting as Both Escrow Agent and Attorney for Counterparty Triggers Duty to Defend Notwithstanding Business Enterprise Exclusion
Former Director Not Covered for Wrongful Acts Committed in Uninsured Capacity
Insured’s Late Notice of Original Discrimination Charges Bars Coverage for Related Lawsuits
Insurer Potentially Liable for Failing to Initiate Settlement Discussions
Prior Knowledge Condition Bars Coverage Where Insured was Warned of Negligence Claim Before Policy Incepted
No Coverage for “Data Breach” Claim under CGL Policy
Washington Court Holds that Statutory Notice of Intent to Sue Letter is Not a “Claim”
Insured’s Non-Covered Counterclaim Does Not Create Conflict Entitling It to Select Independent Counsel
Letter Alleging Wrongful Termination and Seeking Reinstatement Constitutes a “Demand for Damages or Other Relief”
Washington Court Finds Coverage for Fraudulently Originated Loans Repurchased by Now-Defunct Bank
Insurer Obligated to Pay Full Policy Limits on Loss Despite Potentially Concurrent Policies With Competing “Other Insurance” Clauses
No Coverage Available Where Insured Fails to Provide Notice of Potential Claim During First Policy Period and Knew About, But Failed to Disclose, Potential Claim Prior to Second Policy Period
Federal Court Limits Information Discoverable by Insurer Concerning Insured’s Prior Knowledge
No Crime Coverage for Amounts Wired by Insured’s Customer to Fraudster Posing as Insured
Carve Out for Fines and Amounts Imposed by Statute Bars Coverage
Insured Fails to Allege Bad Faith Damages When Settlement Was Funded by Another Insurer
Court Declines to Hold Broker Accountable for Insured’s Failure to Report Known Claims in Application
Insurer Was Not Prejudiced by Insured’s Failure to Cooperate
SEC Subpoenas & Formal Investigative Order Are Not “Claims” Alleging “Wrongful Acts”
Contract Exclusion Bars Coverage for Claims Arising from Asset Purchase Agreement’s Non-Compete Clause
Court Holds that Insured’s Expectations Do Not Override Language of Consumer Protection Exclusion
Fee Exclusion Bars Coverage for Overdraft Fee Settlement
Pre-Inception Tolling Agreement and Agency Notice of Potential Statutory Violations Insufficient for Judgment on the Pleadings on Prior Knowledge Provision
No Indemnification for Insured’s “Restitutionary In Nature” Settlement Payments, Even Without Admission of Guilt or a Final Adjudication
Insured’s Claims Barred by Res Judicata
No Coverage Available for Employment-Related Claims Under Policy D&O and EPL Coverage Sections
No Coverage For Claims Interrelated with Prior Improperly-Noticed Claim
Second Circuit Affirms Judgment That Insured v. Insured Exclusion Bars Coverage After Jury Finds Plaintiff Was Duly Elected or Appointed as a Director
Fee Arrangement Exclusion Bars Coverage for Claims Arising from Alleged Force-Placed Insurance Scheme
SEC Subpoenas & Formal Investigative Order Are “Claims”
Eleventh Circuit Affirms that Eleven Claims Arising Out Of Negligently Repackaging Two Drugs Are “Related Claims”
Following New Jersey Statutory Merger, Surviving Entity Acquires All Rights and Obligations Under Target Entity’s Insurance Policy
Insurer Has No Duty to Defend or Indemnify Insured for Action Alleging Solely Intentional Wrongdoing
Coverage Barred for Claim Made During Initial Policy Period and Reported in Renewal Period
Prior Knowledge Exclusion Bars Coverage for Claim Against Insured Attorney
Alternative Dispute Resolution Provision Not Satisfied Where Parties Communicated with Mediator During Cooling Off Period
Failure to Pay Wages Not a “Wrongful Act”
Pre-Trial Settlement and Assignment of Rights Unenforceable Against Insurer with No Duty to Defend
Professional Services Exclusion Bars Coverage in Connection with Pipeline Explosion
Profit Exclusion Does Not Apply to Judgment Against Insured for Anti-Trust Violation
Court Grants Summary Judgment to Insurer Based on Failure to Disclose Prior Claims in Application
Insurer’s Allegations that Declaratory and Injunctive Relief Are Not Covered Loss Survive Motion to Dismiss
Ninth Circuit Applies Invasion of Privacy Exclusion to Bar Coverage for TCPA Claims under D&O Policy
Disputes Over Amounts of Premiums and Claims Paid Prevent Summary Judgment in Rescission Case
No Coverage for $3.5 Million in Pre-Notice Defense Expenses Where Notice Was a Year Late
Missouri Federal Court Denies Motion to Stay Coverage Action Pending Resolution of State Insolvency Proceedings Against Insured
Single Lawsuit Alleging Multiple Wrongful Acts Constitutes Single Claim
Fraudulent Instruction Loss Caused by Social Engineering Scheme Does Not Trigger Computer Fraud Coverage Under Commercial Crime Policy
Insurer May Not Rescind Renewal Policy Based on Misrepresentations in Prior Policy’s Application
Insurer’s Duty to Defend Ends at Tender of Policy Limits
Computer Fraud Coverage Extends to Manipulation of External Email Server
No Coverage Where Claim Reported After Extended Reporting Period
Inviting a Second Bite at the Apple: Delaware Chancery Court Suggests New Approach to Evaluating Preclusive Effect of Prior Unsuccessful Derivative Litigation
Specific Litigation Exclusion Bars Coverage When Claim Arises “At Least in Part” From Excluded Litigation
Insurer Need Not Demonstrate Prejudice from Late Notice Under Claims Made and Reported Policy
No E&O Coverage Where Insured Failed to Report Claim During Policy Period When It Was First Made
Eleventh Circuit Affirms Dismissal Where Professional Services Exclusion Unambiguously Created Joint, Not Several, Obligations
Insured vs. Insured Exclusion Bars Coverage for Claim Brought by Insured and Officers Against Another Officer
Duty to Defend Does Not Extend to Prosecution of Affirmative Counterclaims
Insured Versus Insured Exclusion Bars Coverage for Claim by Liquidating Trust
Insurer’s Consent to Settle Not Required Following Effective Denial of Coverage
Separate Lawsuits Part of a Single Claim First Made Prior to Policy Period
“Non-Specific,” “Boiler-Plate” Notice of Potential Claim Insufficient as a Matter of Law
Bermuda Insurer Required to Post Bond to Compel Arbitration Against New York Insured
Insurer Not Estopped from Asserting Policy Defenses Where Insured Had Duty to Defend; Insured-v.-Insured Exclusion Does Not Bar Coverage for Claims by Former Shareholders
Antitrust Exclusion Precludes Duty to Defend
Prior Acts Exclusion Bars Coverage for Claims Arising Out of Actions Predating Policy
Eighth Circuit Holds No Coverage under Commercial Crime Policy for Theft of Property Owned by Third Party
Second Circuit Upholds Trial Win for Insurer Rescinding Policy
U.S. Supreme Court: ERISA “Church Plan” Exception Applies to Any Benefit Plan Maintained by Certain Church-Associated Organizations
An Insured’s Prior Knowledge Precludes Coverage for Other Insureds Seeking Coverage; Prior Litigation Exclusion Applies to Arbitration Demand
Eighth Circuit Affirms That Notice Given During Policy Period but Seven Months After Complaint Filed is Not “As Soon As Practicable”
Court Applies 2015 “Proportionality” Amendments to Federal Rules to Preclude Insured’s Discovery into Extrinsic Evidence Regarding Insurance Policy
Allegations Concerning Wage Fixing in Violation of the Sherman Act Do Not Fall Within Professional Liability Coverage for “Counseling” Services
Court Finds Hotel Worker Not “Employee” Under Policy for Theft Loss Coverage
Attorney’s Prior Knowledge Bars Coverage for Client’s Malpractice Claim
Texas Court Holds Disgorgement Amounts Uninsurable as a Matter of Law
Insured v. Insured Exclusion Bars Coverage When FDIC Acts as Receiver
Disgorgement Payment Is Insurable Loss Where Payment Did Not Disgorge Insured’s Own Profits, but Those of its Customers
Failure to Defend and Bring Timely Coverage Action Precludes Insurer from Raising Policy Defenses Under Illinois Law
No Coverage for Accountant’s Solicitation of Investment in Entity He Partially Owned
Notice-Prejudice Rule Applies to Claims-Made Policy
Explicit Allegation of Acts Arising from Professional Services Required to Trigger E&O Policy
Insured’s Failure to Provide Notice of Demand Letter Precludes Coverage for Related Lawsuit Noticed in Subsequent Policy Period
Insured’s Lack of Notice of Claims and Settlement Demand Bars Coverage
Underlying Insurer’s Agreement to Pay Limits Does Not Trigger Exhaustion for Excess Policy Requiring “Actual Payment”
Lack of Prior Knowledge of Claim a Condition Precedent to Coverage
No Coverage Under E&O Policy for Real Estate Transaction Involving Payment of Undisclosed Fee
Court Finds Insurer Not Bound by $1 Million Consent Judgment
Court Upholds Eroding Defense Expense Provision; ERISA Exclusion Bars Coverage for Constitutional and Statutory Civil Rights Claims
Loss Caused by Fraudulent Exploitation of Coding Error Does Not Implicate Computer Fraud Coverage
Judgment Creditor Not Entitled to Policy Proceeds Where Insured Defaulted Without Insurer’s Consent
Federal Liability Risk Retention Act Preempts Maryland’s Notice-Prejudice Statute for Non-Chartered Risk Retention Group
Insurer Had Duty to Defend Where at Least One Allegation “Possibly” Constituted a Wrongful Act
No Coverage for Consultant’s Theft Under Company’s Crime or Property Policies
No Crime Coverage for Social Engineering Fraud
Court Finds Late Notice of Claim Prejudiced Insurer
Insurer Must Pay Defense Expenses in Appeal of Fraud Conviction
Prior Acts Exclusion Bars Coverage for Suits Alleging Wrongful Conduct Spanning Prior Acts Date
Initial Inquiry Letter from Office of Disciplinary Counsel Constitutes “Disciplinary Proceeding,” Triggering Notice Obligation
Insured-Versus-Insured Exclusion Bars Coverage for Claim Against Former Director That Insured Assigned to Its Fidelity Insurer
Deceptive Business Practices Exclusion Does Not Bar Coverage for Kickback Suit
Insured’s Failure to Obtain Insurer’s Consent Prior to Executing Settlement Term Sheet Precludes Coverage
“Capacity Exclusion” Bars Coverage for Counterclaim Against Law Firm
Failure to Disclose Untimely Filings on Application Voids Lawyer's Policy
No Actual Prejudice From Late Notice Where Insurer Could Not Have Altered Outcome of Claim
“Employment-Related Wrongful Acts” Exclusion Bars Coverage for Wage Claims under D&O Policy
No Coverage for California False Claims Act Suit
Bankers’ Professional Liability Policy Excludes Overdraft Fee Litigation From Coverage
Court-Appointed Receiver Acts “On Behalf Of” Court, Barring Application of Insured v. Insured Exclusion
Florida Statute Does Not Estop Insurer from Denying Reimbursement of Pre-Tender Defense Costs
Eleven Claims Arising Out of Negligently Repackaging Two Drugs Are “Related Claims”
Insurer Entitled to Rescind Lawyers Professional Liability Policy Where Insured Made Material Misrepresentations in Application
Insured v. Insured Exclusion Bars Coverage for Claim by FDIC Receiver Against Failed Bank’s Directors and Officers
NY Appeals Court Holds FCRA Statutory Damages Are Covered Damages
Insured v. Insured Exclusion Bars Coverage for Shareholders’ Suit Spearheaded by Former Director
Insurer Entitled to Rescind Policy for Insured’s Failure to Disclose Prior Losses
Quality of Services Exclusion Bars Coverage for Online Auction Service’s Alleged Misrepresentations About Its Reliability
Temp Nurse Deemed an “Employee” Under Hospital Insurance Policy Despite Staffing Agreement Stating Otherwise
Insurer Has No Duty to Defend Claim Seeking Restitution and Other Unspecified Relief
Notice by One Insured Does Not Satisfy Notice Requirement for Different Insured
Personal Profit Exclusion Does Not Relieve Insurer of Duty to Advance Defense Costs for Other Pending Causes of Action
Claims Not Related When Prior Demands Would Not Have Been Covered
Tenth Circuit Finds Notice of Temporary Restraining Order Against Insured Did Not Constitute Proper Notice of Subsequent Lawsuit
Multiple Clients’ Claims Against Accountant Deemed Related and Subject to Lower Limit of Liability Due to Insureds’ Prior Knowledge of One Client’s Claim
No “Final Adjudication” Where Parties Settled After Court Issued Opinion But Prior to Judgment
Court Finds EEOC Charge and Subsequent Lawsuit to Be Two Separate Claims Under Claims-Made Policy
Architect’s Prior Knowledge Bars Coverage for Professional Liability Claim
Settlement of Class Actions for Allegedly Withheld Profits Not Disgorgement
Fifth Circuit Holds that Prior Knowledge Exclusion is Unduly Broad
Lead Underwriter’s Document Production Limits Scope of Following Market’s Production
No Duty to Defend Claim Seeking Return of Premiums Based on Policy Exclusion
"Other Insurance” Clause Does Not Create Right to Equitable Contribution Against Excess Policy
Excess Insurer’s Unambiguous Consent-to-Settlement Provision Bars Coverage
Insured’s Settlement Without Regard to Reasonableness Rendered Consent Judgment Unenforceable Against Insurer that Breached Duty to Defend
Eleventh Circuit Finds Claims to be Related Even Though They Are Based on Different Legal Theories
Professional Services Exclusion Bars Coverage for False Claims Act Suit Against Online Education Servicer
Embezzling Payroll Service Providers Were “Employees” of Insured, Triggering Crime Coverage
Misappropriation of Funds Exclusion Precludes Coverage for Accounting Firm’s Erroneous Transfer of Client Funds to Third-Party Fraudsters
Suit for Reimbursement of Beauty School Expenses Under California Labor Law Triggers Duty to Defend Despite Wage and Hour Exclusion
Sixth Circuit Enforces 24-Month Contractual Limitations Period In Bond; Employee's Knowledge Bars Coverage for Company Under E&O Policy
Under Errors and Omissions Policy, No Duty to Defend Suit Alleging Only Intentional Misconduct
Subjective Standard Applies to Rescission of E&O Policy Based on Response to Application Question
Bank’s Failure to Submit Proof of Loss Precludes FDIC’s Claim as Receiver Under Crime Bond
No Action Clause Does Not Bar Insured's Duty to Defend/Bad Faith Claims Against Insurer
No Coverage for Claims Arising Out of Attorney’s Theft of Client Funds Before Policy Period
In Absence of Alleged Malpractice, No Professional Liability Coverage Available
Insured-versus-Insured Exclusion Deemed Ambiguous as Applied to FDIC as Receiver
Insurer Has a Duty to Defend Lawsuits Potentially Seeking Damages Not Flowing From a Contractual Obligation
Litigation Hold Letter Was Not a Claim
No Coverage Available for Lawsuit Served on Insured after End of Extended Reporting Period
Computer Fraud Provision of Crime Policy Does Not Cover Loss from Business Email Compromise and Social Engineering Scheme
“Reasonable Expectations” Doctrine Inapplicable Due to Unambiguous Effective and Retroactive Dates
Documents Relating to Other Insureds, Reserves, Reinsurance Communications, Claims Handling and Underwriting Manuals Not Discoverable
Claim Brought by Lenders Against Officers Based on Company’s Misstated Financials Barred by Bankruptcy and Creditors Exclusion
Insured Lawyers’ Material Misrepresentations Warrant Rescission and Coverage also Barred by Prior Knowledge Exclusion
Absent Prejudice, Untimely Notice Does Not Preclude Coverage if Notice Provided During Renewal Policy Period
Coverage Not Illusory Where Coverage is Unavailable for Claims Failing to Satisfy a Claims-Made-and-Reported Policy’s Requirements
Insured Not Prejudiced by Insurer’s Failure to Attend Settlement Meetings; Alaska Law Precluding Recoupment of Defense Costs Preempted by Federal Risk Retention Group Statute
No Coverage for Voluntary Remediation Because Insured Not “Legally Obligated to Pay” for Work
Insufficient Notice of Potential Claim Held to Bar Coverage
Certain Extrinsic Evidence Permissible for Purposes of Establishing No Duty to Defend Under Illinois Law
Consent Judgment with Covenant Not to Execute Is Covered Loss
Lawyer’s Material Misrepresentations in Policy Renewal Applications Justify Rescission
Insured Stated Claim for Breach of Contract and Bad Faith Against Claims Administrator
Ninth Circuit Upholds Rescission of Crime Policies Based on Misrepresentation in Application
Insurer that Rejected Exception from Release Language Liable for Bad Faith Failure to Settle Despite Offering Policy Limits
Notice to Insurance Agent Does Not Constitute Notice to Insurer
One Lawsuit Equals One Claim, Regardless of the Number of Causes of Action
Montana High Court Rules that Evaluation of Reasonableness of Stipulated Settlement Must Consider the Merits and Value of the Underlying Case
Contract Exclusion Bars Coverage for Suit Alleging Breach of Special Relationship and Conversion
Attorney’s Reporting of Alleged Ethics Violations Not “Professional Services”; Eight-Month Delay in Providing Notice Precludes Coverage as a Matter of Law
Employee Stock Ownership Plan Participant Cannot Pursue Fiduciary Breach and Bad Faith Claim Against Insurer of Plan’s Fiduciaries
Rescission Voids All Policy Provisions, Including Innocent Insured Provision
Insured Required to Reimburse Defense Costs Paid by Insurer for Non-Covered Claim
Fact Issues Regarding “Relatedness of Claims” Preclude Motion for Judgment on the Pleadings
Rescission Warranted When Policyholder Failed to Disclose Past Department of Insurance Investigations in Application
SEC Letter and Order Directing Private Investigation Held Not to Allege Wrongful Acts
No Rescission Based on Application Signer’s Fraud; Fraudster’s Knowledge Cannot Be Imputed to Bank
No Coverage for Claim Related to Lawsuit Filed Prior to Policy’s Inception
Capacity Issues, Personal Profit Exclusion, and Insured v. Insured Exclusion Do Not Preclude Duty to Defend
Minnesota Federal Court Rejects First to File Rule and Transfers Coverage Litigation to Washington Despite Issuance of Policy in Minnesota
Contract Exclusion Applies Where Insured Assumes Liability of a Third Party
Prior Knowledge Precludes Coverage Where Undisclosed “Events Bore the Seeds of a Malpractice Claim” Against Insured Lawyer
Non-Specific Notice of Potential Claim Insufficient Under Claims-Made Policy
Seven-Month Delay Constitutes Late Notice as a Matter of Law
Insurer Entitled to Rescind Policy Based on Insured’s Failure to Disclose Claim Made After Application Submitted but Before Coverage Bound
Whistleblower Suit Alleging Violations of California False Claims Act Uninsurable Under California Law
No Coverage for Law Firm Employee’s Misappropriation of Client Funds
Statutory Request for Insurance Information Is Not a Claim
New York Court Finds Insured v. Insured Exclusion Ambiguous
Late Notice Bars Recovery of Claimant’s Unsatisfied Default Judgment under New York Statute
Related Claims Provision Does Not Conflict with Prior and Pending Litigation Exclusion
Professional Services Exclusion Precludes Duty to Indemnify but Not Duty to Advance Defense Costs
Declaratory Judgment Complaint Not Subject to Insurer’s Motion to Dismiss Based on Conversion of Funds Exclusion
No Double Recovery Under Policy for Amounts Paid by Contractual Indemnitor
Rescission Proper Due to Failure to Disclose Known Losses in Application
Business Enterprise Exclusion Bars Coverage for Trustee Sued in His Capacity as a Director or Officer of Businesses Affiliated with Trusts
Negligent Misrepresentation Claim Alleges Wrongful Act Despite Contract-Based Damages
Insured v. Insured Exclusion, Allocation Do Not Apply to Related Claims
Prior Acts Date Limits Insurer’s Liability for Underlying Judgment
Insurer Did Not Breach Duty to Defend Where it Refused to Defend Insured’s Husband and Marital Community
Insured Failed to Show Claim Fell Within Exception to Insured v. Insured Exclusion
No Coverage for Claims Made After Statutory Coverage Extension Period Upon Notice of Policy Non-Renewal
No Coverage for Lawsuit After Policy Period that Does Not Arise from Notice of Circumstances
Federal Appellate Court Declares “Language of the Policy is King” in Affirming Application of Contract Exclusion
Court Limits Discovery in Absence of Bad Faith Claim
Insurer Not Required to Produce Post-Litigation Claim File Documents
Wiley Rein Secures Favorable Outcome for Insurer in Jury Trial Related to Ponzi Scheme Coverage
Cyber Policy Does Not Cover Indemnification Payments to Credit Card Processor After Data Breach
Due to Lack of Notice, E&O Carrier Has No Duty to Indemnify Insured Auto Insurer’s Settlement Payment Stemming from Bad Faith Claim
Appeals Court Vacates Ruling that Breach of Contract Exclusion Barred Coverage, Remands for Consideration of Choice of Law
Excess Insurer Can Pursue Statutory and Common Law Bad Faith Claims Against Primary Insurer as Assignee of Insured
No Coverage for Related Claims Where Insured Received Third-Party Indemnification
Seventh Circuit: A Breach of Contract is Not a “Negligent Act”
Expert Testimony Regarding the Timing of a Claim and Applicability of Exclusions is Inadmissible
Claim for Trademark-Infringing Telephone Scam Not Interrelated with Claim for Internet Scam
Colorado Supreme Court: No Prejudice Required to Deny Coverage for Settlement Without Consent
Competitor’s Claims That Broker Engaged in Unfair Business Practices Involve Professional Services and Are Not Precluded by the “Unfair Competition of Any Type” Exclusion
Contract and Willful Acts Exclusions Do Not Preclude Duty to Defend Tortious Interference and Copyright Infringement Claims
D&O Policy Forum Selection Clause Not Binding on Individual Insured
Replacement Professional Liability Policy Sufficiently “Similar” to Original Policy to Prevent Application of Extended Reporting Period
Bank Settlements Returning Overdraft Fees—Including Plaintiffs’ Attorneys’ Fee Awards—Are Not “Damages”
Restitution for Criminal Acts Uninsurable Under Pennsylvania Law
Insurer Not Estopped from Denying Coverage for Failing to Send Second Coverage Letter
Fourth Circuit Upholds Summary Judgment for Insurer Based on Late Notice Because Insurer Suffered Actual Prejudice Due to Default Judgment
Insured v. Insured Exclusion Bars Coverage for Liquidation Trust’s Claim Against Insured Directors and Officers
Alaskan Law Prohibits Recoupment of Non-covered Defense Costs
Claim Based on Acts Pre-Dating Retroactive Date Not Covered
Insured v. Insured Exclusion Bars Coverage for Former Director’s Action Against CEO
Prior Knowledge Condition Does Not Bar Coverage for Suit Alleging Negligent Licensure of Foster Parent
Claimant Without a Judgment Has No Standing to Bring Declaratory Judgment Action Against Alleged Tortfeasor’s Insurer
Maryland Court Holds Insurer Failed to Show Prejudice Resulting from Late Notice
Legal Fees Exclusion Bars Coverage for Arbitration Award that “In Substance” Reduced Fees Owed to Insured Law Firm
No Coverage for Lawyer’s Alleged Self-Dealing
Claims-Made-and-Reported Policies Do Not Violate Louisiana Statute
Seventh Circuit Holds Insured’s Material Misrepresentations in Application Warrant Rescission of Policy
Coverage Barred For Hedge Fund’s Suit Against Insured Because Related to Prior Securities Class Action
No “Wrongful Act” Where Claim Did Not Involve Conduct “Solely” in Individual’s Capacity as a Director or Officer of an Insured Entity
Sixth Circuit Affirms That Notice-Prejudice Rule Does Not Apply to Claims-Made Policies
Letter Asserting that State Government “May” Bring an Enforcement Action if Insured Did Not “Voluntarily” Cease a Particular Activity Is a Claim
Insurer May Allocate Defense Costs Under Duty to Defend Policy
Letter Seeking Disbursement of Funds Pursuant to Agreement Was Not “Claim”
No Extrinsic Evidence Allowed Where Policy Language is Unambiguous
Seven Civil Lawsuits Constitute a Single Claim Subject to a Single Per-Claim Limit
Dentist’s Alleged Sexual Misconduct Not Covered Under EPL Policy
Environmental Claims Arose from Prior Orders and Deemed Not First Made During Relevant Policy Period
No Coverage Under D&O Policy For Misrepresentations Regarding Mortgage-Backed Securities Because Not “Securities Of” the Insured
New Jersey High Court Holds Prejudice Not Required Under Claims-Made-and-Reported Policy
Court Dismisses Coverage Action Where Claims Were Made Before Policy Period and Barred by Prior and Pending Litigation Exclusion
Exclusion For Certain Communications Narrowly Construed Not To Apply To Alleged Improper Publishing of DNA Test Results
Pre-Tender Defense Costs are Uncovered Voluntary Payments
Court Holds Insurer Can Allocate Settlements
Fourth Circuit Holds that Rescission is Not Available to Innocent Co-Insureds
Wiley Rein Overturns Adverse Verdict Against Insurance Broker
Ninth Circuit Finds “Related Wrongful Acts” Term is Unambiguous and Encompasses a Broad Range of Acts
Insurer Could Face Bad Faith Liability Even Though It Has No Duty To Defend
Policy Rescinded And Voided Ab Initio For Failure to Disclose Professional Responsibility Grievance Investigation of Insured Officer
Prior Knowledge Condition Could Apply to Bar Coverage
No Coverage, No Estoppel, No Duty to Settle; Prior Knowledge Exclusion Bars Coverage for Insured’s Malpractice Claim
Broad Lead-In Language Precludes Coverage for Lawsuit with Even Minimal or Incidental Relationship to Excluded Claims
Fourth Circuit Holds Two Lawsuits Involve Interrelated Wrongful Acts Constituting Single “Claim” Where Allegations Establish “Common Nexus of Fact”
New York Federal Court Allows Recoupment of Defense Costs
Specific Litigation Exclusion Bars Coverage for Condo Owners’ Second Lawsuit against Condo Association
New Jersey High Court Retroactively Applies Rescission of Medical Malpractice Policy
Second Circuit Rejects Use of “Factual Nexus” Test for Related Claims Analysis
No Prejudice Necessary to Deny Coverage for an Insured’s Late Notice under Consecutive Claims-Made-and-Reported Policies
Pennsylvania Notice-Prejudice Rule Does Not Apply to Claims-Made Policies
Failure to Provide Notice of Related Suit and Exclusion for Insufficiency of Escrow Funds Preclude Coverage for Title and Escrow Company
Insurer Failed to Show Claims Were Not Interrelated; Not Entitled to Summary Judgment for Suit Seeking Disgorgement
No Coverage for Claims Arising from Failure to Appeal Adverse Decision
Second Circuit Affirms Applicability of Lower Limit on Liability Pursuant to Endorsement; No Bad Faith Claim
Action by Tennessee Attorney General Deemed to Pre-Date Claims-Made Policy Period Because Related to Earlier-Filed Customer Complaints
Managed Care E&O Policy Covers Suit Alleging Unfair Competition by Competitors
Insurer Obligated to Produce Underwriting Files Relating to Policies Issued to Other Policyholders
Attorney Cannot Wait on Outcome of Appeal to Report Dismissal of Client’s Claim Due to Malpractice
Insured Cannot “Fill the Gap” Between Primary Insurer’s Settlement Payment and Underlying Limit
Third Circuit Holds That “Renewal” Policy Must Have “The Same, Or Nearly The Same, Terms” As Original Policy
Contractual Liability Exclusion Bars Coverage for Negligence Claim
Policies Do Not Provide Coverage for Claim Stemming from Pre-Continuity Date Subpoena and Acts of Subsidiary Prior to Acquisition by Insured
Missouri Appeals Court Affirms That Insolvency Exclusion Bars Indemnity Coverage for Refusal to Pay
Reimbursement of Defense Costs at Panel Rate Does Not Constitute Irreparable Harm for Preliminary Injunctive Relief
Coverage Barred by Prior Litigation Exclusion, Regardless of Insured’s Actual or Reasonable Belief About Pre-Policy Demand Letter
Exclusions Bar Coverage Under Employee Benefits Liability Policy for Claims Arising From Alleged Underfunding of Pension Plan
Insurer’s Suit for Declaration that Multiple Claims Constitute a Single Claim Must Await Resolution of Insured’s Liability
Insurer Breaches Duty to Defend by Interpleading Limit
Coverage for DOJ Investigation Not Barred Because No Way to Determine Whether There Was Substantial Overlap with Earlier Lawsuits
A Breach of Contract is not a “Negligent Act”
Claim Asserting Innocence in Alleged Copyright Infringement “Arises Out of” Copyright Infringement and Triggers Exclusion
Tenth Circuit Holds that Implied Duty to Investigate and Initiate Settlement Negotiations Does Not Extend to Excess Insurer
Even Without Express Demand for Money, Pre-Policy Period Letter is a “Claim”
Advancement When Bank Customer Had Insufficient Funds Not a “Transaction in the Nature of a Loan”
Neither Bond Nor E&O Policy Covers Entity Losses from Employee Theft of Client Funds
Professional Services Exclusions Bar Coverage for Failure to Give Prescribed Drugs to Prisoner
“Bargaining Leverage” Does Not Suffice to Trigger Personal Profit/Financial Advantage Exclusion
Attorney Sanctioned for Failure to Disclose Client’s D&O Insurance Policy
Insurer’s Declaratory Judgment Action Stays in Federal Court Despite Parallel State Court Proceeding Initiated by Insured
Lawyer Rendered “Professional Services” in Failure to Advise Investment Transaction Counterparty Regarding Title Insurance
Mutual Mistake Requires Reformation of Retroactive Date for Additional Insured
Settlement Communications Within Ten Days Of Mediation Protected From Discovery In Coverage Litigation By California’s Mediation Privilege
Insurer Not Required to Advance Defense Costs Under A-Side Policy on Pro Rata Basis with Underlying D&O Policy
Professional Services Exclusion in D&O Policy Bars Coverage for Claim Arising from Provision of Payroll Services
Maryland Federal Court Holds Coverage Barred by Insured’s Prior Knowledge and by “Actual Prejudice” from Late Notice
Prior Acts Exclusion in E&O Policy Bars Coverage for Arbitration Award
Fifth Circuit Holds That Amended Complaints Relate Back to Original Complaint That Sought Only Injunctive Relief
Sixth Circuit Affirms That Tax Shelter Exclusion Bars Coverage for Suits against Accounting Firm
Spreadsheet Listing Asserted Damages is a “Claim”
Contract Exclusion Bars Coverage for City but Not Individual Officials
Insurer Entitled to File Suit for Unjust Enrichment Directly Against Cumis Counsel to Recover Unreasonable and Unnecessary Fees
Insurer Has Duty to Defend Cross-Claims Against Members of Homeowners’ Association
Notice Outside Policy’s 30 Day Reporting Requirement Untimely As a Matter of Texas Law Notwithstanding Lack of Prejudice
Fifth Circuit Reverses: Insured v. Insured Exclusion Does Not Apply To Indemnity Claim
No Duty to Defend Antitrust Suit Alleging Malicious Disparagement
Pennsylvania Supreme Court Adopts “Reasonableness” Standard for Enforcing Cooperation Provision When Insurer Breaches its “Duty to Settle”
Equitable Subrogation Allows Excess Insurer to Recover Settlement Contribution from Later Insurer After Proper Policy Period Is Determined
Policy Provision Requiring Insurer’s Consent to Incur Clean-Up Costs Not Void Against Public Policy
Summary Judgment Premature Where Insurer Reserved Rights Under Capacity and Equity Interests Exclusions
Dishonesty Exclusion Bars Coverage for Claim Alleging Fraudulent Inducement to Extend Loan
Adversaries In Litigation Prohibited From Assigning Legal Malpractice Claim Arising From Same Litigation
FCC Broadens Reach of TCPA through New Declaratory Ruling and Order
Material Misrepresentations in Application Preclude Coverage for More Than $2 Million Embezzlement
Delaware Chancery Court Rejects Proposed Merger Settlement Emphasizing Need for Case-Specific Assessment of Settlement Consideration and Attorneys’ Fees
No Coverage for a Lawsuit Filed Two Years after the Expiration of a Claims-Made-and-Reported Policy
“Regardless of Any Apparent Intent,” Excess Policy Does Not Follow Notice Condition of Primary Policy
Bad Faith Action To Go To Jury
Criminal Adjudication Final Upon Sentencing Under Fraud Exclusion Notwithstanding Appeal
Court Applies Subjective Standard to Prior Knowledge Exclusion
Motion to Dismiss Record Insufficient to Make “Related Claims” Determination
Dishonesty Exclusion Bars Coverage for Attorney’s Charging Exorbitant Fee
Financial Institution Bond Bars Coverage for Loss Not Resulting Solely from Duties of Outside Investment Advisor
Contractual Liability Exclusion Bars Coverage for Insureds’ Alleged Liability under Contract, Regardless Whether Contracts Are Actually Valid
Failure to Provide Notice of EEOC Charge for Nearly Two Years Is Unreasonable As a Matter of Law
Insurer Waived Right to Rescind Where Its Agents Knew of Facts that ‘Distinctly Implied’ Information on Policy Application Was Incorrect
Claim based on Unsolicited Text Messages in Violation of TCPA Does Not Allege a “Privacy Wrongful Act” under Policy’s “Cyber Claims Endorsement”
Demand Within Limits Not Required for California Bad Faith Failure-to-Settle Liability
Insurer Has Duty to Defend Even Though Court Holds No Duty to Indemnify
No Coverage Under Claims-Made-And-Reported Policy Where Claim Not Made or Reported During the Policy Period
Eleventh Circuit Affirms Dismissal of Insured’s Complaint in “Consent to Settle” Case
Bond Exclusion Bars Coverage for Claims Against Property Management Company
Notice-Prejudice Rule Does Not Apply to Fidelity Bonds
Contract Exclusion Bars Coverage for Fraud Claims Arising Out of Advertising Services Contract
Insurer Waives Privilege by Asserting Reasonable Basis for Coverage Denial in Bad Faith Litigation
No Coverage Where Attorneys’ Alleged Malpractice Occurred Prior to Retroactive Date
Court Holds Shareholder Litigation and Adversary Proceeding Arising From Same Merger Are Separate Claims
Fidelity Bond Provides Coverage for Third-Party Claim Arising from Employee’s Fraud
Professional Services Exclusion Bars Coverage for Claims against Bank Accused of Facilitating Ponzi Scheme
Fourth Circuit Affirms Recoupment for Insurer Where Guilty Pleas Triggered Policy Exclusions
Crime Bond Affords No Coverage Where Insured Bank Fails to Submit Complete Proof of Loss Prior to FDIC’s Appointment as Receiver
Fraudulent Overbilling Likely Is “Professional Services” But Coverage Barred by Fraudulent Acts Exclusion
Unpaid Compensation and Breach of Contract Exclusions Bar Coverage for Independent Contractor’s Suit
Court Stays Litigation of Certain Coverage Defenses, Allows Others To Proceed Pending Resolution of Underlying Litigation
Ninth Circuit Holds Professional Services Exclusion Bars Coverage for Ponzi Scheme Lawsuit
Bad Faith Claim Fails Absent Breach of Contract or Failure to Settle
Lawyer Could Only “Reasonably Expect” Claim By Former Client—Not Her Family Members
Insurer Not Estopped from Relying on Exclusion in Unilaterally Disclaiming Duty to Defend; Business Enterprise Exclusion Bars Coverage
Regulatory Exclusion Bars Coverage for False Claims Act Action Pursued By Qui Tam Relator
Borrower’s Bankruptcy Petition Triggers Bankruptcy Exclusion of Lender’s Political Risk Policy
Claim First Made After Policy Period But During Extended Reporting Period Does Not Trigger Coverage Under Claims-Made-And-Reported Policy
Knowing Conduct Is Not An “Error, Omission or Negligent Act” Under Technology E&O Policy
Louisiana Supreme Court Holds Settlement Demand Not Prerequisite for Bad Faith Failure-to-Settle Liability
Claimant Who Successfully Establishes Coverage But Loses Liability Suit Is a “Prevailing Party” for New Jersey’s Fee Statute
Prior Knowledge Condition Bars Coverage for Insured’s Knowing Misrepresentations to Client
Insurer Entitled to Discover Insured’s Communications with Broker, Defense Counsel Prior to Date of Final Coverage Denial and Communications with Defense Counsel Regarding Allocation Issues
Related Acts of Malpractice Give Rise to One Claim; Coverage Precluded by Prior Knowledge Exclusion
Professional Services Exclusion Does Not Bar Coverage Because Alleged Wrongful Conduct Tenuously Connected to Provision of Professional Services
Business Enterprise Exclusion Bars Coverage for Malpractice Claim Based on Attorney’s Hybrid Role
Indiana High Court Holds Settlement of Managed Care Organization Multi-District Litigation Is Covered under E&O Policies
Coverage Barred under “Known Risk” Exclusion Where Applicant for Insurance “On Notice” of Potential Malpractice Claim
Invasion of Privacy Exclusion Blocks Basketball Team’s Shot at D&O Coverage for TCPA Claims
Insurer’s Recoupment Claim Still Alive After Appellate Court Rejects Dismissal Based on Waiver
No Duty to Defend Where Insured Received Demand Prior to Policy’s Inception
California Court Holds Claims by Separate Investors in the Same Ponzi Scheme All Barred by Application Exclusion
Insurer Need Not Demonstrate Prejudice to Disclaim Coverage for Late Notice under Excess Claims-Made Policy
Prejudice Irrelevant to Late Notice Where Timely Notice Is Condition Precedent
Georgia Supreme Court Unanimously Holds That Insured Cannot Sue Insurer for Amounts Paid to Settle Claim Without Insurer’s Consent
Insurer Entitled To Recoup Settlement Payment Made in Underlying Action
Insurer Owes No Duty to Defend “Related Claim” Where Suit is Based on Same Course of Discriminatory Conduct Alleged in Prior Litigation
Unserved Qui Tam Complaint Does Not Satisfy “Claim First Made” Requirement of Claims-Made Policy
Federal District Court Concludes No Coverage for Untimely Claim
No Coverage Under Claims-Made-and-Reported Policies for Claims Not Timely Reported
Insurer Has No Duty to Defend When Insured Fails to Give Adequate Notice During Policy Period
Insurer Has Duty to Defend under Claims-Made Policy Where Insured Potentially Received Notice of the Claim During the Policy Period
Contract-Related Breach and Negligence Damages Constitute “Loss;” Coverage Precluded by Warranty Exclusion
Delaware Trial Court: “Final Adjudication” Exclusion Trumps “No Loss” Argument
Eleventh Circuit Holds No Coverage for Online Banking Theft
Duty to Defend Does Not Encompass Affirmative Claims
Finding of Fraud for ERISA Violation Implicates Fraud Exclusion
Borrowing Funds from Client Does Not Constitute Professional Services and Profit Exclusion Bars Coverage for Accountant’s Failure to Repay Client
Civil Theft Award Not Covered by D&O Policy or CGL Policy
No Coverage for Prosecuting an Affirmative Counterclaim
Lawyer’s “Don’t Ask” Policy on Associate Misconduct Leads Court to Apply Prior Knowledge Exclusion
Insurer Not Liable for Bad Faith in Absence of Special Relationship with Insured or Unreasonable Denial of Coverage
Wisconsin Notice-Prejudice Statutes Do Not Apply to Claims-Made-And-Reported Policies
Illinois Supreme Court Holds “Innocent Insured Doctrine” Inapplicable In Rescission Context
Colorado’s Notice-Prejudice Rule Does Not Apply to Claims-Made Policies
Pollution Exclusion in E&O Policy Bars Coverage
Court Applies Objective Standard to Hold that Prior Knowledge Exclusion Bars Coverage
No Coverage Where Underlying Complaint Did Not Allege Conduct After Retroactive Date; Suits Involving Nearly Identical Course of Conduct Are Related
Neither “Insured v. Insured” Exclusion nor “Investment Loss Carve-Out” Bars Coverage for Receiver’s Action Against Bank’s Former Directors and Officers
Bad Faith Exclusion Bars Coverage for Bad Faith Failure to Settle Claim That Also Alleges Negligence
Claimant Has No Right to Policy Proceeds as Judgment Creditor of Insured Who Defaulted in Underlying Action
Ninth Circuit Holds Professional Services Exclusion Ambiguous
Ninth Circuit Finds Breach of Fiduciary Duty Claim Seeks Damages, Not Restitution
SEC Consent Order Does Not Trigger Dishonesty Exclusion Where Insured Does Not Admit Guilt; Loss May Be Uninsurable by Law
FDIC’s Suit Against Law Firm for Acceptance of Advanced Retainer Not Covered
No Coverage for Suit Based on Unreported Demand Made in Prior Policy Period
No Coverage Under a Claims-Made Policy for Former Employee Even When Insured Alleged to be Vicariously Liable
No Coverage for SEC Investigation Where Initial Investigative Order First Issued Before the Policy Period
Return of Fees Exclusion Does Not Bar Coverage For Suit Arising From Client’s Payments to Law Firm Pursuant to Invalidated Contingent Fee Agreement
Renewal of Claims-Made-and-Reported Period Does Not Extend Claim Reporting Period
Insured v. Insured Exclusion Does Not Bar Coverage for Claim by Assignee
No Rescission of Renewal Policy Where Original Application Not Incorporated into Application for Renewed Policy
Contract Exclusion Does Not Bar Coverage for Intentional Misrepresentations During Pre-Contract Negotiations
Coverage Determined By Date Notice Is Received By Insurer, Not By Date It Is Sent
Civil Lawsuit Alleging Ethical Violations Is Not a “Disciplinary Proceeding” Under a Lawyers Professional Liability Policy
Health Care Professional Services Exclusion Applies Where Injury Would Not Exist But-For Failure to Provide Medical Attention
Professional Association’s Investigation of Ethical Complaints and Credentialing of Members Constitute Professional Services
Business Pursuits Exclusion Bars Coverage for Activities after Alleged Ponzi Schemer Left Law Firm
Automated Calls to Advertise Insurance Services Do Not Constitute Professional Services
Notice of Violation Alleging Refusal to Tender Benefits Owed Constitutes a “Claim”
Communications Stating That Insured May Be Liable For Damages Constitute a “Claim”
D&O Insurers Liable for $30 Million Judgment Arising from Dissolution of Hospital Affiliation
Fee Dispute Exclusion in Bank E&O Policy Not Triggered by Allegations Concerning Overdraft Charges
New York High Court Holds that Timely Notice to Broker Does Not Satisfy Required Notice to Insurer
“No Direct Action” Rule Bars Claimant’s Declaratory Judgment Claim Against Insurer
Fourth Circuit Holds That Nonprofit Management Liability Policy Does Not Afford Coverage for Reimbursement of Stolen Social Security Benefits
Court Holds That Policy’s Misrepresentation Clause Set Higher Standard for Rescission
Criminal Indictment Constitutes Related Claim to Letter from State Attorney General
Two Lawsuits Involve “Interrelated Wrongful Acts” Where They Allege a Common, Continuing Scheme by the Insured
No “Collusion” Requirement for I-v-I Exclusion
Client’s Fee Dispute Claim Triggers Duty to Defend because it “Arises Out of” Firm’s Performance of Professional Services
Contract Exclusion Bars Coverage for Entire Claim, Including Count for Negligent Misrepresentation
Malpractice Policies Rescinded Based on Material Misrepresentations
Sublimit for Misappropriation of Funds Applied to Claim Based on Employee’s Scheme Approving Fraudulent Settlement Claims
Federal Court Declines to Put Coverage Litigation on Hold
Trial Court Erred In Not Determining Whether Insured Had Sufficient Information to Reasonably Expect that a Claim Would Be Made Against it Prior to Applying for Policy
Insured Firm Could Have Foreseen that Failure to Timely Serve Party Would Lead to Malpractice Claim
Consecutively Issued Renewal Policies Do Not Create a Continuous Reporting Period
Fraud Exclusion Bars Coverage for RICO and Fraud Suit
Civil Penalties under Clean Air Act Do Not Constitute Punitive Damages
Five Lawsuits Constitute Related Claims to Complaint First Made Before Policy Period
No Coverage for Individual for Claims Based on Role Outside of Insured Organization
Supreme Court Agrees to Hear “Continuing Violation” ERISA Case
Tax Shelter Exclusion Bars Coverage for Suits Against Accounting Firm
Excess Carrier’s Unrestricted Payment to Primary Carrier Creates Doubt as to Whether Primary Policy Was Exhausted
Prior Litigation Exclusion Bars Coverage Despite Differences in Parties and Damages Sought
Broadly Worded Securities Exclusion Does Not Unambiguously Bar Coverage for ERISA Lawsuits
New York Court Requires Insurer that Issued Duty to Defend Policies to Advance Defense Costs During Coverage Litigation, but Insurer that Issued Duty to Advance Policies Has No Such Obligation
Insurer’s Communications with Reinsurer Not Privileged
Prejudice Showing Required for Late Notice Defense under Claims-Made-and-Reported Policy
Business Enterprise Exclusion Bars Coverage for Claim Arising Out of Attorney’s Real Estate Development Company
Insured’s Investment Advisory Activities Not Covered Under Insurance Agents E&O Policy
Malpractice Suit Related Back to Claim for Compensation from Client Security Fund
Amended Complaints Relate Back to Original Complaint That Sought Only Injunctive Relief
Insureds’ Settlement with Bank of its Loan Defaults Not Covered
Policyholder Entitled to Hire Multiple Law Firms to Handle Underlying Suit as Long as Reasonable and Necessary for the Defense
Insurer’s Recoupment of Defense Expenses Includes Pre-Judgment Interest
Montana Supreme Court Holds That Where Policy Is “Potentially Implicated,” There Is No Need to Examine Terms of Policy and Underlying Complaint
No Coverage For Bankruptcy Court Sanctions Motion Because of Untimely Notice and Motion Did Not Seek Award of “Damages”
Policies Afford No Coverage for Litigation Arising Out of Unreported Demand Letter
New Jersey Appellate Court Concludes Third Parties Have Standing to Bring Action Against E&O Insurer
Insurer Is Not Estopped from Raising New Coverage Defenses When It Reserves Its Right to Rely on Other Policy Terms
No Coverage Where Attorney Failed to Disclose Tolling Agreement With Client on Application for Insurance
“Knowing and Willful” Violation of Unfair Business Practices Statute Triggers Dishonesty Exclusion
Award for Claim Based on Improper Attorney Billing Is Not “Loss,” Does Not Involve “Professional Legal Services,” and Is Barred by a Personal Profit/ Advantage Exclusion
Pennsylvania Federal Court Confirms that Settlements Returning Overdraft Fees Are Not “Damages”
Additional Insured Under One Coverage Part Is Not Additional Insured Under Another Coverage Part
Demands for Payment on Foreign Exchange Transaction Agreements Were Not Claims for Wrongful Acts
Professional Services Exclusion Unambiguously Excludes Coverage for Negligent Building Design
Court Refuses to Stay Rescission Action Pending Outcome of Underlying Proceeding
Fee Exclusion Applies to Malpractice Litigation Where “Essential Character of the Dispute” Concerned Fees
Medical Records Request Not a “Claim”
No Coverage for Claim First Reported to Insurer Two Years After Expiration of Claims-Made-and-Reported Policy
Timely Notice of Initial Claim Excuses Untimely Notice of Subsequent Related Claims
Criminal Conduct Exclusion Bars Indemnity Coverage for Suit Against Insured Who Pled Guilty to Criminal Misconduct
Settlement Returning Overdraft Fees Deemed Potentially Insurable
Court Won’t Strike “Expert” Report by Broker on Application Ambiguity and Best Practices