On June 3, 2016, after a multi-day trial in a hotly contested case, a New York jury found that Continental Casualty Company did not unreasonably delay in seeking to rescind an accountants professional liability policy and therefore had not waived its right to rescind the policy. Wiley Rein partner Richard A. Simpson represented Continental, leading a team that included consulting counsel Ashley E. Eiler and partner Kimberly A. Ashmore. Continental Cas. Co. v. Marshall Granger & Co., LLP, Case No. 11 Civ. 3979 (S.D.N.Y.).
Continue Reading Wiley Rein Secures Favorable Outcome for Insurer in Jury Trial Related to Ponzi Scheme Coverage

We are pleased to announce the election of new partners—John E. Howell and Parker J. Lavin—effective January 1, 2016. We congratulate them for these well-deserved accomplishments and applaud the dedication they have shown to their clients and the firm.

“It is my pleasure to congratulate the recently named partners at Wiley Rein on their new roles,” said Managing Partner Peter D. Shields. “These promotions reflect our deep appreciation for the hard work, commitment, and outstanding accomplishments that have made each of these individuals a unique and truly indispensable asset to their clients, colleagues, and the firm.” 
Continue Reading Wiley Rein Promotes Two Insurance Attorneys to Partner

Applying Missouri law, a federal district court has held that a civil lawsuit alleging ethical violations by a law firm and its attorneys does not constitute a “disciplinary proceeding” under a lawyers professional liability policy.  The Hullverson Law Firm, P.C. v. Liberty Ins. Underwriters, Inc. (E.D. Mo. Oct. 22, 2014)
Continue Reading Civil Lawsuit Alleging Ethical Violations Is Not a “Disciplinary Proceeding” Under a Lawyers Professional Liability Policy

The Supreme Court of Mississippi held that a health care professional services exclusion applies where the damage alleged in an underlying claim would not exist but-for paramedics’ failure to provide medical attention under Mississippi law.  Gray v. Arch Spec. Ins. Co., No. 2013-CA-01124-SCT (Miss. Oct. 23, 2014)
Continue Reading Health Care Professional Services Exclusion Applies Where Injury Would Not Exist But-For Failure to Provide Medical Attention

Applying Minnesota law, a federal district court in Minnesota has held that an association’s certification of one of its members as a radiologic technologist constitutes professional services. Assurance Co. of Am. V.A. Registry of Radiologic Techs., 2014 WL 6772742 (D. Minn. Dec. 1, 2014).
Continue Reading Professional Association’s Investigation of Ethical Complaints and Credentialing of Members Constitute Professional Services

A federal magistrate judge has determined that legal malpractice insurers need not defend an attorney for claims arising from his activities as manager of a fraudulent investment fund after settling allegations covering the time period he worked as a lawyer at the insured firm.  Duckson v. Cont’l Cas. Co., No. 14-cv-1465 (D. Minn. Dec. 8, 2014).
Continue Reading Business Pursuits Exclusion Bars Coverage for Activities after Alleged Ponzi Schemer Left Law Firm

An Illinois intermediate appellate court has ruled that an insurance agent/broker’s automated calls to advertise its services did not constitute “professional services” and therefore did not trigger coverage under its professional liability policy.  Margulis v. BCS Ins. Co., 2014 IL App (1st) 140286 (Ill. App. Ct. Nov. 26, 2014)
Continue Reading Automated Calls to Advertise Insurance Services Do Not Constitute Professional Services

The United States District Court for the Middle District of Florida, applying Florida law, has held that a civil remedy notice of insurer violation made pursuant to a bad-faith statute and alleging an insurer’s failure to tender benefits owed constitutes a “claim” made against the insurer.  Windhaven Managers, Inc. v. Chartis Specialty Ins. Co., 2014 WL 6674609 (M.D. Fla. Nov. 24, 2014).
Continue Reading Notice of Violation Alleging Refusal to Tender Benefits Owed Constitutes a “Claim”