Posts in Claims-Made/Related Claims.
Summary Judgment Denied Where Determinations of Fact Necessary to Apply Continuous Cover and Innocent Non-Disclosure Provisions
Summary Judgment Denied Where Determinations of Fact Necessary to Apply Continuous Cover and Innocent Non-Disclosure Provisions
Delaware Law Applies to Coverage Dispute over Stockholder Appraisal Action
Delaware Law Applies to Coverage Dispute over Stockholder Appraisal Action
Policy Definition of “Claim” Applies to Policy Application
Policy Definition of “Claim” Applies to Policy Application
Notice-Prejudice Rule Does Not Apply to Claims-Made Professional Liability Policies
Notice-Prejudice Rule Does Not Apply to Claims-Made Professional Liability Policies
No Coverage Under Claims-Made Policy for Lawsuit Served on Registered Agent Before Policy Period
No Coverage Under Claims-Made Policy for Lawsuit Served on Registered Agent Before Policy Period
Second Circuit Affirms No Duty to Defend Claims Against Construction Firm Outside the Scope of Professional Liability Coverage
Second Circuit Affirms No Duty to Defend Claims Against Construction Firm Outside the Scope of Professional Liability Coverage
Prior or Pending Litigation Exclusions Bar Coverage for Contempt Motion Filed in Civil Action Commenced Before Prior or Pending Dates
Prior or Pending Litigation Exclusions Bar Coverage for Contempt Motion Filed in Civil Action Commenced Before Prior or Pending Dates
Multiple Claims Against Insured Related to COVID-19 Outbreak Constitute Separate Claims
Multiple Claims Against Insured Related to COVID-19 Outbreak Constitute Separate Claims
Coverage Barred by Related Claim Made Prior to Policy Period
Coverage Barred by Related Claim Made Prior to Policy Period
Despite Acceptance of Coverage by Primary Insurer, Excess Policy Bars Coverage for Claim Deemed Related Back to Prior Policy Period
Despite Acceptance of Coverage by Primary Insurer, Excess Policy Bars Coverage for Claim Deemed Related Back to Prior Policy Period
Prior Knowledge Exclusion Bars Coverage Because Failure to Comply With Statute of Limitations Could Reasonably Be Expected to Be the Basis of a Claim
Prior Knowledge Exclusion Bars Coverage Because Failure to Comply With Statute of Limitations Could Reasonably Be Expected to Be the Basis of a Claim
University’s Late-Noticed Claim Not Covered Under Claims-Made-And-Reported Policy; Notoriety of Claim Not an Excuse
University’s Late-Noticed Claim Not Covered Under Claims-Made-And-Reported Policy; Notoriety of Claim Not an Excuse
Kentucky Supreme Court Holds Prior Notice Exclusion Does Not Bar Coverage for Claims Related to Investigation Noticed and Accepted by Prior Insurer
Kentucky Supreme Court Holds Prior Notice Exclusion Does Not Bar Coverage for Claims Related to Investigation Noticed and Accepted by Prior Insurer
Amended Complaint Adding Allegations and Defendants Not an Independent Claim
Amended Complaint Adding Allegations and Defendants Not an Independent Claim
South Dakota Supreme Court Holds That Liquidator Can Make Claims for Coverage Up to Six Months After Expiration of Claims-Made Policy
South Dakota Supreme Court Holds That Liquidator Can Make Claims for Coverage Up to Six Months After Expiration of Claims-Made Policy
Lawsuit Deemed Related to Notice of Circumstances Submitted During Prior Claims-Made Policy Period Under Florida’s “Sufficient Factual Nexus” Test
Lawsuit Deemed Related to Notice of Circumstances Submitted During Prior Claims-Made Policy Period Under Florida’s “Sufficient Factual Nexus” Test
New Jersey Appellate Court Holds No Coverage for Broker Malpractice Lawsuit Noticed Three Years After It Was Filed
New Jersey Appellate Court Holds No Coverage for Broker Malpractice Lawsuit Noticed Three Years After It Was Filed
No Coverage for Claim That “Correlates” to Claim Made Before Policy Period
No Coverage for Claim That “Correlates” to Claim Made Before Policy Period
Excess Insurer Cannot Challenge Payments by Underlying Carriers
Excess Insurer Cannot Challenge Payments by Underlying Carriers
Exchange Offer Constitutes “an Offer to . . . Sell any Securities” of Insured Triggering Coverage for “Securities Claims” 
Exchange Offer Constitutes “an Offer to . . . Sell any Securities” of Insured Triggering Coverage for “Securities Claims” 
Court Requires Insurer Show Prejudice for Coverage Denial Where Notice of Claim Given After Reporting Window but Within Policy Period
Court Requires Insurer Show Prejudice for Coverage Denial Where Notice of Claim Given After Reporting Window but Within Policy Period
Third Circuit Holds No Showing of Prejudice Required Under Delaware Law to Enforce Late Notice Provision in Claims-Made Policy
Third Circuit Holds No Showing of Prejudice Required Under Delaware Law to Enforce Late Notice Provision in Claims-Made Policy
Notice-Prejudice Rule Inapplicable Where Insured Fails to Provide Any Notice Under Claims-Made Policies
Notice-Prejudice Rule Inapplicable Where Insured Fails to Provide Any Notice Under Claims-Made Policies
Renewal Correspondence to Underwriter Fails to Satisfy Claims-Made-and-Reported Policy’s Notice Requirement 
Renewal Correspondence to Underwriter Fails to Satisfy Claims-Made-and-Reported Policy’s Notice Requirement 
Related Wrongful Acts Preclude Reinsurer’s Duty to Reimburse
Related Wrongful Acts Preclude Reinsurer’s Duty to Reimburse
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
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
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
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
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
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
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
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
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”
Kansas Federal Court Holds Notice-Prejudice Rule Inapplicable to Claims-Made Policies
Kansas Federal Court Holds Notice-Prejudice Rule Inapplicable to Claims-Made Policies
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
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
Ninth Circuit Holds Three Printing Errors Constitute Single Wrongful Act
Ninth Circuit Holds Three Printing Errors Constitute Single Wrongful Act
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
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
Sixth Circuit: No Coverage for Defense Costs Resulting from Qui Tam Action
Sixth Circuit: No Coverage for Defense Costs Resulting from Qui Tam Action
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”
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”
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
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
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
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
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”
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
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
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
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
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
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
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”
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
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
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
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
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
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
Pre-Policy Settlement Letter Deemed a “Claim,” Barring Coverage for Related Lawsuits
Pre-Policy Settlement Letter Deemed a “Claim,” Barring Coverage for Related Lawsuits
Texas Court Holds Late Notice Bars Coverage
Texas Court Holds Late Notice Bars Coverage
Government Subpoena Issued to Insured Company Not a “Claim” Against Individual Insured
Government Subpoena Issued to Insured Company Not a “Claim” Against Individual Insured
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
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
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
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
Class Actions Comprising Different Class Periods Causally and Logically Related
Class Actions Comprising Different Class Periods Causally and Logically Related
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
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
No Duty to Defend or Indemnify Lawsuit Overlapping With Prior EEOC Charge
No Duty to Defend or Indemnify Lawsuit Overlapping With Prior EEOC Charge
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
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
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
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
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
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
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
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
Delaware Supreme Court Holds Trustee Action Alleging Breach of Fiduciary Duty, Unlawful Dividend, and Fraudulent Transfer Is Not a “Securities Claim”
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
Failure to Report EEOC Charge Precludes Coverage for Interrelated Lawsuit
Letter to Insured Asserting Right to Patent Applications Constitutes a Claim Made Prior to D&O Policy Period
Interrelated Claims Provision Precludes Coverage for Putative Class Action
No Coverage Because of Late Notice and Undisclosed Prior Knowledge of Claim
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
Specific Matter Exclusion Bars Coverage for Lawsuits Involving Same Parties as Lawsuit Included in Definition of “Specific Matter”
SEC Investigation Constitutes One Claim; Component Subpoenas Are Not Written Demands for Non-Monetary Relief
Failure to Give Timely Notice of Arbitration Bars Coverage, Even Where Insured Gave Timely Notice of Related Claim
Regulatory Warning Notices Asserting Damages Based on Same Acquisition Involve “Related Wrongful Acts”
Two Lawsuits Based on Real Estate Broker’s Dual Representation of Buyers and Sellers in Same Transaction Arise from Same Wrongful Act
Run-Off Exclusion Precludes Coverage for OIG Subpoena
Coverage Barred Because Causally Related Claims Deemed a Single Claim Under Earlier Policy
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
Fourth Circuit Holds Virginia Statute Imposing Deadline to Deny Coverage Does Not Apply to Claim Reported Outside Policy Period
No Coverage for Whistleblower Action or Subpoena Noticed to Insurer After End of Policy Reporting Period
Statute of Limitations Period Begins When Insured Can Plead Prima Facie Elements of Bad Faith Case
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
Securities Suits Alleging Misstatements About Financial Performance Over Same Time Period Constitute A Single Claim
Ten Lawsuits Alleging Mishandling or Sale of Human Body Parts Constitute a Single “Claim”
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
SEC’s Formal Order of Investigation Constitutes “Claim” First Made Before Policy Period
Wells Notices and Subsequent Enforcement Action Deemed First Made at the Time when SEC Original Investigation Began
No Duty to Defend Under Claims-Made-and-Reported Policy Where Notice of Claim Given Nine Months After Cancellation
Specific Litigation Exclusion Bars Coverage for Separate Proceeding Involving Same Conduct in Allegedly Oversupplying “Pill Mills”
Mailroom Mix-Up Cannot Excuse Notice Requirement Noncompliance
Multiple Claims Arising from Employee’s Termination Deemed Related
Four Claims Regarding Same Appraisal Methodology Are Covered but Related and Therefore Confined to One Policy Year
Amended Complaint Raising Different Legal Theory Is Not a Claim First Made at Time of Initial Complaint
No Coverage Under Claims Made and Reported Policy for Claim Reported After Policy Expiration
Fifth Circuit Holds That Fortuity Doctrine Precludes Coverage for Claim That Pre-Dated Policy
No Coverage for Underlying Lawsuits Due to Insured’s Failure to Provide Notice as Soon as Practicable
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
Notice of Accident Constitutes Timely “Claim” Based on Insurers’ Conduct
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”
Specific Litigation Exclusion Bars Coverage for Puerto Rico Mutual Fund Suits and Arbitrations
Insured’s Late Notice of Original Discrimination Charges Bars Coverage for Related Lawsuits
Washington Court Holds that Statutory Notice of Intent to Sue Letter is Not a “Claim”
Letter Alleging Wrongful Termination and Seeking Reinstatement Constitutes a “Demand for Damages or Other Relief”
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
Court Declines to Hold Broker Accountable for Insured’s Failure to Report Known Claims in Application
SEC Subpoenas & Formal Investigative Order Are Not “Claims” Alleging “Wrongful Acts”
Insured’s Claims Barred by Res Judicata
No Coverage For Claims Interrelated with Prior Improperly-Noticed Claim
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”
Coverage Barred for Claim Made During Initial Policy Period and Reported in Renewal Period
Single Lawsuit Alleging Multiple Wrongful Acts Constitutes Single Claim
No Coverage Where Claim Reported After Extended Reporting Period
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
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
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
Eighth Circuit Affirms That Notice Given During Policy Period but Seven Months After Complaint Filed is Not “As Soon As Practicable”
Notice-Prejudice Rule Applies to Claims-Made 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
Federal Liability Risk Retention Act Preempts Maryland’s Notice-Prejudice Statute for Non-Chartered Risk Retention Group
Court Finds Late Notice of Claim Prejudiced Insurer
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
No Actual Prejudice From Late Notice Where Insurer Could Not Have Altered Outcome of Claim
Eleven Claims Arising Out of Negligently Repackaging Two Drugs Are “Related Claims”
Notice by One Insured Does Not Satisfy Notice Requirement for Different Insured
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
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
Eleventh Circuit Finds Claims to be Related Even Though They Are Based on Different Legal Theories
Bank’s Failure to Submit Proof of Loss Precludes FDIC’s Claim as Receiver Under Crime Bond
No Coverage for Claims Arising Out of Attorney’s Theft of Client Funds Before Policy Period
Litigation Hold Letter Was Not a Claim
No Coverage Available for Lawsuit Served on Insured after End of Extended Reporting Period
“Reasonable Expectations” Doctrine Inapplicable Due to Unambiguous Effective and Retroactive Dates
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
Insufficient Notice of Potential Claim Held to Bar Coverage
Lawyer’s Material Misrepresentations in Policy Renewal Applications Justify Rescission
Notice to Insurance Agent Does Not Constitute Notice to Insurer
One Lawsuit Equals One Claim, Regardless of the Number of Causes of Action
Attorney’s Reporting of Alleged Ethics Violations Not “Professional Services”; Eight-Month Delay in Providing Notice Precludes Coverage as a Matter of Law
Fact Issues Regarding “Relatedness of Claims” Preclude Motion for Judgment on the Pleadings
No Coverage for Claim Related to Lawsuit Filed Prior to Policy’s Inception
Non-Specific Notice of Potential Claim Insufficient Under Claims-Made Policy
Statutory Request for Insurance Information Is Not a Claim
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
Prior Acts Date Limits Insurer’s Liability for Underlying Judgment
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
No Coverage for Related Claims Where Insured Received Third-Party Indemnification
Replacement Professional Liability Policy Sufficiently “Similar” to Original Policy to Prevent Application of Extended Reporting Period
Fourth Circuit Upholds Summary Judgment for Insurer Based on Late Notice Because Insurer Suffered Actual Prejudice Due to Default Judgment
Maryland Court Holds Insurer Failed to Show Prejudice Resulting from Late Notice
Claims-Made-and-Reported Policies Do Not Violate Louisiana Statute
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
Letter Seeking Disbursement of Funds Pursuant to Agreement Was Not “Claim”
Seven Civil Lawsuits Constitute a Single Claim Subject to a Single Per-Claim Limit
Environmental Claims Arose from Prior Orders and Deemed Not First Made During Relevant Policy Period
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
Fourth Circuit Holds Two Lawsuits Involve Interrelated Wrongful Acts Constituting Single “Claim” Where Allegations Establish “Common Nexus of Fact”
Specific Litigation Exclusion Bars Coverage for Condo Owners’ Second Lawsuit against Condo Association
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
Action by Tennessee Attorney General Deemed to Pre-Date Claims-Made Policy Period Because Related to Earlier-Filed Customer Complaints
Insurer’s Suit for Declaration that Multiple Claims Constitute a Single Claim Must Await Resolution of Insured’s Liability
Coverage for DOJ Investigation Not Barred Because No Way to Determine Whether There Was Substantial Overlap with Earlier Lawsuits
Even Without Express Demand for Money, Pre-Policy Period Letter is a “Claim”
Mutual Mistake Requires Reformation of Retroactive Date for Additional Insured
Maryland Federal Court Holds Coverage Barred by Insured’s Prior Knowledge and by “Actual Prejudice” from Late Notice
Fifth Circuit Holds That Amended Complaints Relate Back to Original Complaint That Sought Only Injunctive Relief
Spreadsheet Listing Asserted Damages is a “Claim”
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
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
Court Applies Subjective Standard to Prior Knowledge Exclusion
Motion to Dismiss Record Insufficient to Make “Related Claims” Determination
Failure to Provide Notice of EEOC Charge for Nearly Two Years Is Unreasonable As a Matter of Law
No Coverage Under Claims-Made-And-Reported Policy Where Claim Not Made or Reported During the Policy Period
Notice-Prejudice Rule Does Not Apply to Fidelity Bonds
Court Holds Shareholder Litigation and Adversary Proceeding Arising From Same Merger Are Separate Claims
Crime Bond Affords No Coverage Where Insured Bank Fails to Submit Complete Proof of Loss Prior to FDIC’s Appointment as Receiver
Bad Faith Claim Fails Absent Breach of Contract or Failure to Settle
Claim First Made After Policy Period But During Extended Reporting Period Does Not Trigger Coverage Under Claims-Made-And-Reported Policy
Related Acts of Malpractice Give Rise to One Claim; Coverage Precluded by Prior Knowledge Exclusion
No Duty to Defend Where Insured Received Demand Prior to Policy’s Inception
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
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
Wisconsin Notice-Prejudice Statutes Do Not Apply to Claims-Made-And-Reported Policies
Colorado’s Notice-Prejudice Rule Does Not Apply to Claims-Made Policies
No Coverage for Suit Based on Unreported Demand Made in Prior 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
No Rescission of Renewal Policy Where Original Application Not Incorporated into Application for Renewed Policy
Coverage Determined By Date Notice Is Received By Insurer, Not By Date It Is Sent
Notice of Violation Alleging Refusal to Tender Benefits Owed Constitutes a “Claim”
Communications Stating That Insured May Be Liable For Damages Constitute a “Claim”
New York High Court Holds that Timely Notice to Broker Does Not Satisfy Required Notice to Insurer
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
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
Five Lawsuits Constitute Related Claims to Complaint First Made Before Policy Period
Prior Litigation Exclusion Bars Coverage Despite Differences in Parties and Damages Sought
Prejudice Showing Required for Late Notice Defense under Claims-Made-and-Reported 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
Policies Afford No Coverage for Litigation Arising Out of Unreported Demand Letter
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
Louisiana Direct Action Statute Does Not Preclude Enforcement of Reporting Requirements in Claims-Made-and-Reported Policies
Single Complaint Triggers Two Policy Periods
Michigan Statute Excusing Failure to Comply with Notice Requirements Can Apply to Claims-Made Policies
Undefined Term “Claim” in a Claims-Made-and-Reported Policy Means a Demand for Relief or Damages
Prior Acts Exclusion and Insolvency Exclusion Bar Coverage for Claim Against Broker
New York Court of Appeals Declines to Impose “As Soon As Reasonably Possible” Requirement on All Insurer Disclaimers
Notice Six Months Late Was Not “As Soon As Practicable”; No Prejudice Showing Required Under Claims-Made Policy
A Civil Contempt Proceeding Is Part of the Same “Claim” as the Underlying Civil Action from Which It Arises
Podcast: What Insurers Should Know About Bad Faith Claims in Florida
Allegations of General Misconduct by CEO Do Not Arise from Same “Interrelated Wrongful Acts” as Specific Allegations of Fraud
Criminal Information Seeking Forfeiture Not a “Claim”
Emails Demanding to Be “Made Whole” Constitute “Claims”
Class Action Suit Against Insured Mortgage Broker Deemed First Made at Time of Prior Suit Alleging Common Course of Conduct
Lawsuit by Four Siblings Constitutes a Single Claim Because It Alleged Interrelated Wrongful Acts
Wiley Executive Summary

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