Posts in Coverage Litigation.
Ninth Circuit Affirms Ruling That Section 533 Bars Coverage for Defense Costs and Indemnity When Claims Broadly Allege Willful Conduct
Ninth Circuit Affirms Ruling That Section 533 Bars Coverage for Defense Costs and Indemnity When Claims Broadly Allege Willful Conduct
Court Holds that Contract Exclusion in EPL Policy Does Not Preclude Duty to Defend When Some Allegations Extend Beyond Employment Contract
Court Holds that Contract Exclusion in EPL Policy Does Not Preclude Duty to Defend When Some Allegations Extend Beyond Employment Contract
Exercise of Personal Jurisdiction Over Nonresident Insurers in Delaware Violates Due Process Where Action Does Not Arise Out of Insurers’ Contacts with State
Exercise of Personal Jurisdiction Over Nonresident Insurers in Delaware Violates Due Process Where Action Does Not Arise Out of Insurers’ Contacts with State
Tenth Circuit Deems D&O Policy Ambiguous Based on Interplay of Coverage Grant with Managed Care Exclusion
Tenth Circuit Deems D&O Policy Ambiguous Based on Interplay of Coverage Grant with Managed Care Exclusion
No Coverage Under Primary Policy for Potential Claim Reported During Extended Reporting Period or Under Excess Policy Based on Applicability of “Retroactive Date” Exclusion
No Coverage Under Primary Policy for Potential Claim Reported During Extended Reporting Period or Under Excess Policy Based on Applicability of “Retroactive Date” Exclusion
Federal Court Determines Individual’s Receipt of a Subpoena Does Not Establish the Existence of an Investigation of a Wrongful Act by the Recipient
Federal Court Determines Individual’s Receipt of a Subpoena Does Not Establish the Existence of an Investigation of a Wrongful Act by the Recipient
Series-Qualifier Canon of Construction Determines the Effect of a Clause at the End of a Series
Series-Qualifier Canon of Construction Determines the Effect of a Clause at the End of a Series
Court Denies Reinsurer’s Motion for Judgment on the Pleadings Where Complaint Alleged Retaliatory Conduct During Applicable Policy Period
Court Denies Reinsurer’s Motion for Judgment on the Pleadings Where Complaint Alleged Retaliatory Conduct During Applicable Policy Period
Delaware Federal Court Holds Contract Exclusion Bars Coverage for Claim Against Federal Grant Awardee for Disallowed Costs
Delaware Federal Court Holds Contract Exclusion Bars Coverage for Claim Against Federal Grant Awardee for Disallowed Costs
California Court of Appeal Affirms Dismissal of Claims against Excess Insurers for Insureds’ Failure to Allege Exhaustion
California Court of Appeal Affirms Dismissal of Claims against Excess Insurers for Insureds’ Failure to Allege Exhaustion
Contractual Liability Exclusion Bars Coverage Where Lawsuit Against Insured Arises Out of a Contractual Obligation
Contractual Liability Exclusion Bars Coverage Where Lawsuit Against Insured Arises Out of a Contractual Obligation
Prior Knowledge Provision Precludes Coverage for Known Sexual Assault Under Either an Objective or Subjective Standard
Prior Knowledge Provision Precludes Coverage for Known Sexual Assault Under Either an Objective or Subjective Standard
Insured’s “Version of Events” Do Not Determine Application of Policy Exclusion
Insured’s “Version of Events” Do Not Determine Application of Policy Exclusion
Illinois Appeals Court Holds an Ankle Monitor Is “Potentially” Computer Hardware Triggering Duty to Defend Under Technology E&O Coverage
Illinois Appeals Court Holds an Ankle Monitor Is “Potentially” Computer Hardware Triggering Duty to Defend Under Technology E&O Coverage
No Coverage for Claims arising from Billing Practices under Professional Liability Policy
No Coverage for Claims arising from Billing Practices under Professional Liability Policy
Court Holds Retroactive Date Exclusion Is Ambiguous Under California Law
Court Holds Retroactive Date Exclusion Is Ambiguous Under California Law
Prior Knowledge Exclusion Bars Coverage for Lawsuit Premised on School Officials’ Knowledge of Abuse
Prior Knowledge Exclusion Bars Coverage for Lawsuit Premised on School Officials’ Knowledge of Abuse
California SPAC Entitled to Advancement of Subpoena-Related Costs Post-Name Change Based on “Potentially Covered” Standard
California SPAC Entitled to Advancement of Subpoena-Related Costs Post-Name Change Based on “Potentially Covered” Standard
Third Circuit Holds that Insured Must Satisfy All Conditions Precedent in Excess Policy to Trigger Coverage
Third Circuit Holds that Insured Must Satisfy All Conditions Precedent in Excess Policy to Trigger Coverage
California Insurance Code Section 533 Does Not Necessarily Bar Coverage for California Labor Code Retaliation Claims
California Insurance Code Section 533 Does Not Necessarily Bar Coverage for California Labor Code Retaliation Claims
Wage and Hour Violation Exclusion Applies to Allegations of Untimely Payments in Connection with Scheme to Underpay Employees
Wage and Hour Violation Exclusion Applies to Allegations of Untimely Payments in Connection with Scheme to Underpay Employees
An Indictment is Not a Claim Under Lawyer’s Professional Liability Policy Because It Does Not Demand Relief
An Indictment is Not a Claim Under Lawyer’s Professional Liability Policy Because It Does Not Demand Relief
Insured v. Insured Exclusion Bars Coverage for Lawsuit Brought by Both Insureds and Non-Insureds
Insured v. Insured Exclusion Bars Coverage for Lawsuit Brought by Both Insureds and Non-Insureds
Alleged Willful Conduct Enough to Bar Coverage Under California Insurance Code Section 533
Alleged Willful Conduct Enough to Bar Coverage Under California Insurance Code Section 533
Coverage Conditioned on Unambiguous Notice Requirements not Subject to Notice-Prejudice Rule
Coverage Conditioned on Unambiguous Notice Requirements not Subject to Notice-Prejudice Rule
Massachusetts Federal Court Holds Defense Costs Must Be Reasonably Allocated Between Insured and Non-Insured Parties
Massachusetts Federal Court Holds Defense Costs Must Be Reasonably Allocated Between Insured and Non-Insured Parties
Insurer Has Duty to Defend BIPA Lawsuit Alleging Violation of Privacy in the Creation of Fingerprint Data
Insurer Has Duty to Defend BIPA Lawsuit Alleging Violation of Privacy in the Creation of Fingerprint Data
Related Claim Provision Bars Coverage for Discrimination Claims Asserted Over a Six-Year Period
Related Claim Provision Bars Coverage for Discrimination Claims Asserted Over a Six-Year Period
Fourth Circuit: Search Warrant Does Not Constitute a “Claim”
Fourth Circuit: Search Warrant Does Not Constitute a “Claim”
Arbitration Award for Amounts Owed Under Separation Agreement Not Covered Loss
Arbitration Award for Amounts Owed Under Separation Agreement Not Covered Loss
Promissory Estoppel Claim Allowed to Proceed Against Insurer Based on Reversal in Coverage Position
Promissory Estoppel Claim Allowed to Proceed Against Insurer Based on Reversal in Coverage Position
Insurer’s Allegation “Upon Information and Belief” That Insured Possessed Knowledge or Information Rendering a Warranty False Held Sufficient to Withstand Motion to Dismiss
Insurer’s Allegation “Upon Information and Belief” That Insured Possessed Knowledge or Information Rendering a Warranty False Held Sufficient to Withstand Motion to Dismiss
Seventh Circuit Holds Settlement Arising From Alleged False Claim Act Violations Does Not Necessarily Constitute Uninsurable “Restitution” under Illinois Law
Seventh Circuit Holds Settlement Arising From Alleged False Claim Act Violations Does Not Necessarily Constitute Uninsurable “Restitution” under Illinois Law
Coverage Barred for Lawsuit Tendered to Insurer After Two-Year Delay
Coverage Barred for Lawsuit Tendered to Insurer After Two-Year Delay
Insurer With Excess “Other Insurance” Clause Owes No Defense Obligations
Insurer With Excess “Other Insurance” Clause Owes No Defense Obligations
Claims Arising from Undisclosed Circumstances Barred by Exclusion in Application
Claims Arising from Undisclosed Circumstances Barred by Exclusion in Application
Business Enterprise Exclusions Bars Outside Entity Conduct
Business Enterprise Exclusions Bars Outside Entity Conduct
Washington Appeals Court Upholds Reasonableness of Stipulated Judgment
Washington Appeals Court Upholds Reasonableness of Stipulated Judgment
No Coverage for “Related Claims” Derived From Single Transaction Where First Claim Was Not Timely Noticed to Insurer
No Coverage for “Related Claims” Derived From Single Transaction Where First Claim Was Not Timely Noticed to Insurer
Duty to Defend Triggered for Judicial Sanctions on Attorney who Lied About COVID Vaccination Status
Duty to Defend Triggered for Judicial Sanctions on Attorney who Lied About COVID Vaccination Status
Fraud Exclusion, California Insurance Code Section 533 Preclude Coverage for Arbitration Award
Fraud Exclusion, California Insurance Code Section 533 Preclude Coverage for Arbitration Award
New York Statutory Remedy Limited to a Single Policy Period
New York Statutory Remedy Limited to a Single Policy Period
Employment Practices Exclusion of D&O Policy Bars Coverage for Employee Wrongful Death Lawsuit
Employment Practices Exclusion of D&O Policy Bars Coverage for Employee Wrongful Death Lawsuit
Antitrust and Consumer Protection Laws Exclusions Bar Coverage for Underlying Litigation
Antitrust and Consumer Protection Laws Exclusions Bar Coverage for Underlying Litigation
Insurer Entitled to Recoup Defense Costs Absent Express Policy Provision
Insurer Entitled to Recoup Defense Costs Absent Express Policy Provision
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
Notice of Circumstances Sent to Underwriter Does Not Constitute Notice of a Claim Under Claims-Made-and-Reported Policies
Notice of Circumstances Sent to Underwriter Does Not Constitute Notice of a Claim Under Claims-Made-and-Reported Policies
Transmitting Information to Credit Reporting Agencies Constitutes “Electronic Publishing”
Transmitting Information to Credit Reporting Agencies Constitutes “Electronic Publishing”
Federal Court Upholds Removal Based on Fraudulent Joinder of Non-Insurer Defendants
Federal Court Upholds Removal Based on Fraudulent Joinder of Non-Insurer Defendants
Insurer Deemed to Waive Right to Rescind but Commingling Exclusion Bars Coverage for Claims Against “Innocent” Insureds
Insurer Deemed to Waive Right to Rescind but Commingling Exclusion Bars Coverage for Claims Against “Innocent” Insureds
Seventh Circuit Affirms that “Inadequate Consideration” Provision Bars Coverage for Securities Fraud Settlements
Seventh Circuit Affirms that “Inadequate Consideration” Provision Bars Coverage for Securities Fraud Settlements
Insured v. Insured Exclusion Applies to Lawsuit Spearheaded by Insured
Insured v. Insured Exclusion Applies to Lawsuit Spearheaded by Insured
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
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
2 Illinois Cases Poised To Shape BIPA Litigation Landscape
2 Illinois Cases Poised To Shape BIPA Litigation Landscape
No Coverage for Claim That “Correlates” to Claim Made Before Policy Period
No Coverage for Claim That “Correlates” to Claim Made Before Policy Period
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
Insurer’s Declaratory Judgment Complaint Plausibly Alleges Violation of Cooperation Clause at Motion to Dismiss Phase
Insurer’s Declaratory Judgment Complaint Plausibly Alleges Violation of Cooperation Clause at Motion to Dismiss Phase
No Coverage under Commercial Liability Policy for Penalties and Costs Incurred Administering Employee Benefit Plan
No Coverage under Commercial Liability Policy for Penalties and Costs Incurred Administering Employee Benefit Plan
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
Defense Costs Presumed Reasonable if Insurer Breaches Duty to Defend
Defense Costs Presumed Reasonable if Insurer Breaches Duty to Defend
Court Holds Social Engineering Fraud Does Not Trigger Computer Fraud Coverage
Court Holds Social Engineering Fraud Does Not Trigger Computer Fraud Coverage
Related Wrongful Acts Preclude Reinsurer’s Duty to Reimburse
Related Wrongful Acts Preclude Reinsurer’s Duty to Reimburse
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
No Coverage for Loss in Consequence of Social Engineering Fraud
No Coverage for Loss in Consequence of Social Engineering Fraud
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
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
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
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
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
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
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
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
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
"Inadequate Consideration” Provision Bars Coverage for Securities Fraud Settlements
"Inadequate Consideration” Provision Bars Coverage for Securities Fraud Settlements
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”  
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
No Coverage under EPL Policy for “Wrongful Act” Committed Against Non-Employee
No Coverage under EPL Policy for “Wrongful Act” Committed Against Non-Employee
Nevada Supreme Court Holds Insurer May Recoup Defense Costs
Nevada Supreme Court Holds Insurer May Recoup Defense Costs
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
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
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
Untimely Reservation of Rights Estops Insurer from Denying Coverage
Untimely Reservation of Rights Estops Insurer from Denying Coverage
Declaratory Judgment Pleading and Allocation: Don’t Demand “All or Nothing” Unless You Really Mean It
Court Lets Insured’s Third-Party Beneficiary Claim Proceed Against Adjuster With Which It Had No Contract
Defense Cost Recoupment Provisions Enforceable Under Washington Law
No Duty to Defend or Indemnify Due to Securities Exclusion, Consumer Protection Law Exclusion, and Investment Performance Exclusion, but Insurer Cannot Recoup Defense Costs
Fact Disputes Preclude Summary Judgment Over Insurer’s Failure to Provide Immediate Defense
Court Finds Insurer Entitled to Recoupment, Declines to Follow ALI Restatement on the Law of Liability Insurance
Delaware Supreme Court Holds Texas Law Applies to Comprehensive Insurance Program Issued to a Texas Corporation and Its Subsidiaries
Insurer Cannot Invoke Arbitration Clause Following Breach of Duty to Defend
Insurer Entitled to Coverage Litigation Attorneys’ Fees Under Arizona Statute
Alternative Dispute Resolution Provision Not Satisfied Where Parties Communicated with Mediator During Cooling Off Period
Bermuda Insurer Required to Post Bond to Compel Arbitration Against New York Insured
Court Applies 2015 “Proportionality” Amendments to Federal Rules to Preclude Insured’s Discovery into Extrinsic Evidence Regarding Insurance Policy
Lead Underwriter’s Document Production Limits Scope of Following Market’s Production
Documents Relating to Other Insureds, Reserves, Reinsurance Communications, Claims Handling and Underwriting Manuals Not Discoverable
Minnesota Federal Court Rejects First to File Rule and Transfers Coverage Litigation to Washington Despite Issuance of Policy in Minnesota
Declaratory Judgment Complaint Not Subject to Insurer’s Motion to Dismiss Based on Conversion of Funds 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
Expert Testimony Regarding the Timing of a Claim and Applicability of Exclusions is Inadmissible
D&O Policy Forum Selection Clause Not Binding on Individual Insured
Alaskan Law Prohibits Recoupment of Non-covered Defense Costs
No Extrinsic Evidence Allowed Where Policy Language is Unambiguous
New York Federal Court Allows Recoupment of Defense Costs
Insurer Obligated to Produce Underwriting Files Relating to Policies Issued to Other Policyholders
Insurer Breaches Duty to Defend by Interpleading Limit
Attorney Sanctioned for Failure to Disclose Client’s D&O Insurance Policy
Settlement Communications Within Ten Days Of Mediation Protected From Discovery In Coverage Litigation By California’s Mediation Privilege
Insurer Entitled to File Suit for Unjust Enrichment Directly Against Cumis Counsel to Recover Unreasonable and Unnecessary Fees
Summary Judgment Premature Where Insurer Reserved Rights Under Capacity and Equity Interests Exclusions
Insurer Waives Privilege by Asserting Reasonable Basis for Coverage Denial in Bad Faith Litigation
Claimant Who Successfully Establishes Coverage But Loses Liability Suit Is a “Prevailing Party” for New Jersey’s Fee Statute
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
Insurer Entitled To Recoup Settlement Payment Made in Underlying Action
“No Direct Action” Rule Bars Claimant’s Declaratory Judgment Claim Against Insurer
Federal Court Declines to Put Coverage Litigation on Hold
Insurer’s Communications with Reinsurer Not Privileged
New Jersey Appellate Court Concludes Third Parties Have Standing to Bring Action Against E&O Insurer
Court Won’t Strike “Expert” Report by Broker on Application Ambiguity and Best Practices
Federal Court Abstains from Declaratory Judgment Action in Favor of Underlying State Court Proceeding
Privileges Protecting Communications Regarding Underlying Suit Not Waived by Placing Causation “At Issue”
Absence of Parallel State Court Proceedings Does Not Require Federal Court to Exercise Jurisdiction Under Declaratory Judgment Act
Other Insurers Impacted by Determination of Relationship of Claims are Necessary Parties in a Declaratory Judgment Action
Independent Counsel’s Settlement Report Inadmissible in Subsequent Litigation Under Different Policy
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