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The United States District Court for the Southern District of Ohio, applying Ohio law, has held that an ERISA exclusion in two E&O policies barred coverage for a lawsuit filed by the United States Department of Labor alleging ERISA violations in connection with an employee stock ownership program (ESOP) stock purchase.  Gemini Ins. Co. v. Potts, 2020 WL 4000977 (S.D. Ohio July 15, 2020).

Continue Reading ERISA Exclusion in E&O Policies Bars Coverage for Suit Filed by the Department of Labor

The United States Court of Appeals for the Ninth Circuit, applying California law, has held that two exclusions in a D&O policy applicable to claims by employees and for Fair Labor Standards Act violations barred coverage for a wage-and-hour class action lawsuit.  U.S. Telepacific Corp. v. U.S. Specialty Ins. Co., 2020 WL 3265238 (9th Cir. June 17, 2020).

Continue Reading EPL Exclusions in D&O Policy Barred Coverage for Wage-and-Hour Class Action

The United States District Court for the District of Hawaii, applying Hawaii law, has held that a claims-made policy did not provide coverage for damages awarded in a final judgment for an underlying lawsuit because the claims in that lawsuit were first made prior to the policy period.  Greenspon v. AIG Specialty Ins. Co., 2020 WL 1917333 (D. Haw. Apr. 20, 2020).

Continue Reading No Coverage for Judgment Premised on Same Facts Asserted in Suit Filed Prior to Policy Period

The Fourth Circuit, applying Virginia law, has held that a negligent supervision exclusion in a lawyers’ professional liability policy bars coverage for a lawyer’s mismanagement of trust assets when acting as a trustee.  ALPS Prop. & Cas. Ins. Co. v. Higgerson, 2020 WL 1487836 (4th Cir. Mar. 24, 2020).

Continue Reading Negligent Services Exclusion Bars Coverage for Lawyer’s Actions as Trustee

The Nebraska Supreme Court, applying Nebraska law, held that professional services exclusions in three interrelated policies did not apply to the acts of law enforcement.  Gage Cty. v. Emp’rs Mut. Cas. Co., 937 N.W.2d 863 (Jan. 31, 2020).

Continue Reading Nebraska Supreme Court Rules Professional Services Exclusion Not Applicable to Law Enforcement