Posts in Exclusions.
Sexual Misconduct Sublimit Applies to Negligence Claims Against Employer Where Claims Would Not Exist “But For” Employee’s Sexual Misconduct
Sexual Misconduct Sublimit Applies to Negligence Claims Against Employer Where Claims Would Not Exist “But For” Employee’s Sexual Misconduct
Antitrust and Consumer Protection Laws Exclusions Bar Coverage for Underlying Litigation
Antitrust and Consumer Protection Laws Exclusions Bar Coverage for Underlying Litigation
Insured Bank’s Acceptance of Loan Payments Without Good Faith Constitutes Uninsurable Loss 
Insured Bank’s Acceptance of Loan Payments Without Good Faith Constitutes Uninsurable Loss 
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
Settlement of Merger Objection Litigation is Not Covered “Loss”
Settlement of Merger Objection Litigation is Not Covered “Loss”
‘Wrongful Acts’ Includes Both Negligent and Intentional Acts
‘Wrongful Acts’ Includes Both Negligent and Intentional Acts
Appealed Trial Court Conviction Qualifies as “Final Adjudication”
Appealed Trial Court Conviction Qualifies as “Final Adjudication”
Warranty Letter Bars Coverage for Claim Against Chief Legal Officer Arising From CEO’s Alleged Fraud
Warranty Letter Bars Coverage for Claim Against Chief Legal Officer Arising From CEO’s Alleged Fraud
“Theft of Funds” Exclusion Precludes Coverage Where All Underlying Claims “Arose Out of” Theft
“Theft of Funds” Exclusion Precludes Coverage Where All Underlying Claims “Arose Out of” Theft
‘Violation of Laws Applicable to Employers’ Exclusion Bars Coverage for BIPA Suit
‘Violation of Laws Applicable to Employers’ Exclusion Bars Coverage for BIPA Suit
Deceptive Advertising Claim Does Not Allege “Covered Professional Service”
Deceptive Advertising Claim Does Not Allege “Covered Professional Service”
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
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
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
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”
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
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
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
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
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”
Ohio Court Rules that “Frivolous Conduct” Exclusion Precludes Duty to Defend
Ohio Court Rules that “Frivolous Conduct” Exclusion Precludes Duty to Defend
Sexual Misconduct Exclusion Eliminates Duty to Defend Civil Lawsuit
Sexual Misconduct Exclusion Eliminates Duty to Defend Civil Lawsuit
Insurer Owes Duty to Defend and Indemnify Nuisance Litigation
Insurer Owes Duty to Defend and Indemnify Nuisance Litigation
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
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
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
“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
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
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
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
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
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
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
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
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
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”
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
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
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
Lawsuits Concerning Same Housing Development Project Are Related Claims
Lawsuits Concerning Same Housing Development Project Are Related Claims
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
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
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
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 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
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
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
Fact Issues Preclude Summary Judgment on Prior Knowledge Exclusion
Fact Issues Preclude Summary Judgment on Prior Knowledge Exclusion
No Coverage for Conduct Performed By Attorney In Uninsured Capacity
No Coverage for Conduct Performed By Attorney In Uninsured Capacity
No Coverage for Conduct Performed By Attorney In Uninsured Capacity
No Coverage for Conduct Performed By Attorney In Uninsured Capacity
Suits Alleging Anticompetitive Conduct by NCAA Deemed Related
Suits Alleging Anticompetitive Conduct by NCAA Deemed Related
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
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
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
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
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
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
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
E&O Coverage for Embezzlement Precluded by Commingling Exclusion
E&O Coverage for Embezzlement Precluded by Commingling 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
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
“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
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
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
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
Retroactive Date Bars Coverage for Underlying Discrimination Action
Retroactive Date Bars Coverage for Underlying Discrimination Action
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
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
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
Outside Business Exclusion Bars Coverage for Claims Indirectly Related to Outside Business
Exclusion for Wage and Hour Law Claims Limited to Laws Concerning Duration Worked or Remuneration Received in Exchange for Work
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
California Court Holds that “Wage and Hour Law” Limitations on Coverage Unambiguously Applied to Labor Code Violations
Fifth Circuit: Late Notice of First Claim Bars Coverage for Related Claims
Professional Services Performed Outside Covered Territory Precludes Coverage for Medical Negligence Claim
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
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
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
First Circuit Holds UBS Puerto Rico Bond Claims Barred by Specific Litigation Exclusion
Fraud Exclusion Bars Coverage for Insured Found in Violation of Federal Securities Laws
Eleventh Circuit Applies Securities Exclusion Broadly
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
Regulatory Warning Notices Asserting Damages Based on Same Acquisition Involve “Related Wrongful Acts”
Duty to Defend Triggered Given “Possibility” of Wrongful Act
Two Lawsuits Based on Real Estate Broker’s Dual Representation of Buyers and Sellers in Same Transaction Arise from Same Wrongful Act
ERISA Exclusion Bars Coverage for Claims Arising From Denial of Employee’s Insurance Benefits
Contract Exclusion Bars Coverage for Demand for Cost-Overrun Payment
Coverage Barred Because Causally Related Claims Deemed a Single Claim Under Earlier Policy
Options Trading Exclusion Unambiguously Bars Coverage for Investor Claims
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
Ninth Circuit Holds Section 533 and Financial Services Exclusion Do Not Bar Coverage for Alleged Mortgage Modification Scam
No Duty to Defend or Indemnify Due to Securities Exclusion
Eighth Circuit Affirms No Coverage for Lawsuit for Breach of Noncompetition Covenant
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
“Professional Services” Exclusion Bars Coverage for Law Enforcement Investigations
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
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
Court Denies Reconsideration of Holding that Securities Exclusion Bars Coverage for Claims Involving Misrepresentations Made During Sale of Securities
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
Prior Knowledge Exclusion Does Not Require Absolute Certainty of Future Claim
Specific Litigation Exclusion Bars Coverage for Separate Proceeding Involving Same Conduct in Allegedly Oversupplying “Pill Mills”
Broad Contract Exclusion Did Not Render Errors & Omissions Coverage “Illusory”
Property Management and Financial Interest Exclusions Bar Coverage for Real Estate Professionals
Insurer Obligated to Defend Entire Suit Where Covered Claim Could Stand Independent of Non-Covered Claims
Intentional Acts Exclusion Precludes Duty to Defend Complaint Alleging Willful Conduct
Professional Services Exclusion Precludes Coverage for False Claims Act Lawsuit
Court Holds Prior Acts Exclusion Bars Coverage for Securities Lawsuit
Faulty Workmanship Exclusion in Professional Liability Policy Bars Coverage for Faulty Design and Construction
Collateral Estoppel Bars Relitigation of Issues Bearing on Prior Knowledge of Potential Claim
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
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
Amended Complaint Raising Different Legal Theory Is Not a Claim First Made at Time of Initial Complaint
Civil Conspiracy Triggers Dishonesty Exclusion
Prior Knowledge Exclusion in Application Bars Coverage for Undisclosed Claim that Led to Litigation
Regulatory Action Sublimit Unambiguously Applies to State Disciplinary Proceeding Against Life Insurance Agent
All Claims Arising from Negligent Design of Two, Nearly Identical Bridges Constitute “Related Claims”
Ninth Circuit: Deceptive Business Practices Exclusion Does Not Bar Coverage for Kickback Suit
Court Holds Insurance Exclusion Bars Coverage for Lawsuit Arising Out Of Lapse in Client’s Insurance Policy
Letter Advising Insured Attorney to Put Carrier on Notice Does Not Make Subsequent Claim Foreseeable
Lack of Civil Lawsuit Precludes Duty to Defend, While Prior Knowledge Exclusion Bars Indemnity Coverage
Specific Litigation Exclusion Bars Coverage for Puerto Rico Mutual Fund Suits and Arbitrations
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 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
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
Insured’s Claims Barred by Res Judicata
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
Eleventh Circuit Affirms that Eleven Claims Arising Out Of Negligently Repackaging Two Drugs Are “Related Claims”
Prior Knowledge Exclusion Bars Coverage for Claim Against Insured Attorney
Pre-Trial Settlement and Assignment of Rights Unenforceable Against Insurer with No Duty to Defend
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
Ninth Circuit Applies Invasion of Privacy Exclusion to Bar Coverage for TCPA Claims under D&O Policy
Specific Litigation Exclusion Bars Coverage When Claim Arises “At Least in Part” From Excluded Litigation
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
Separate Lawsuits Part of a Single Claim First Made Prior to Policy Period
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
An Insured’s Prior Knowledge Precludes Coverage for Other Insureds Seeking Coverage; Prior Litigation Exclusion Applies to Arbitration Demand
Insured v. Insured Exclusion Bars Coverage When FDIC Acts as Receiver
Insured’s Failure to Provide Notice of Demand Letter Precludes Coverage for Related Lawsuit Noticed in Subsequent Policy Period
Lack of Prior Knowledge of Claim a Condition Precedent to Coverage
Court Upholds Eroding Defense Expense Provision; ERISA Exclusion Bars Coverage for Constitutional and Statutory Civil Rights Claims
No Coverage for Consultant’s Theft Under Company’s Crime or Property Policies
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
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
“Capacity Exclusion” Bars Coverage for Counterclaim Against Law Firm
“Employment-Related Wrongful Acts” Exclusion Bars Coverage for Wage Claims under D&O Policy
Bankers’ Professional Liability Policy Excludes Overdraft Fee Litigation From Coverage
Eleven Claims Arising Out of Negligently Repackaging Two Drugs Are “Related Claims”
Insured v. Insured Exclusion Bars Coverage for Claim by FDIC Receiver Against Failed Bank’s Directors and Officers
Insured v. Insured Exclusion Bars Coverage for Shareholders’ Suit Spearheaded by Former Director
Claims Not Related When Prior Demands Would Not Have Been Covered
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
No Duty to Defend Claim Seeking Return of Premiums Based on Policy Exclusion
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
Misappropriation of Funds Exclusion Precludes Coverage for Accounting Firm’s Erroneous Transfer of Client Funds to Third-Party Fraudsters
Sixth Circuit Enforces 24-Month Contractual Limitations Period In Bond; Employee's Knowledge Bars Coverage for Company Under E&O Policy
Subjective Standard Applies to Rescission of E&O Policy Based on Response to Application Question
No Coverage for Claims Arising Out of Attorney’s Theft of Client Funds Before Policy Period
Insured-versus-Insured Exclusion Deemed Ambiguous as Applied to FDIC as Receiver
Insured Lawyers’ Material Misrepresentations Warrant Rescission and Coverage also Barred by Prior Knowledge Exclusion
One Lawsuit Equals One Claim, Regardless of the Number of Causes of Action
Contract Exclusion Bars Coverage for Suit Alleging Breach of Special Relationship and Conversion
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
Capacity Issues, Personal Profit Exclusion, and Insured v. Insured Exclusion Do Not Preclude Duty to Defend
Prior Knowledge Precludes Coverage Where Undisclosed “Events Bore the Seeds of a Malpractice Claim” Against Insured Lawyer
New York Court Finds Insured v. Insured Exclusion Ambiguous
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
Business Enterprise Exclusion Bars Coverage for Trustee Sued in His Capacity as a Director or Officer of Businesses Affiliated with Trusts
Insured Failed to Show Claim Fell Within Exception to Insured v. Insured Exclusion
Appeals Court Vacates Ruling that Breach of Contract Exclusion Barred Coverage, Remands for Consideration of Choice of Law
No Coverage for Related Claims Where Insured Received Third-Party Indemnification
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
Insured v. Insured Exclusion Bars Coverage for Liquidation Trust’s Claim Against Insured Directors and Officers
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
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
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
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
Prior Knowledge Condition Could Apply to Bar Coverage
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”
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
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
Attorney Cannot Wait on Outcome of Appeal to Report Dismissal of Client’s Claim Due to Malpractice
Missouri Appeals Court Affirms That Insolvency Exclusion Bars Indemnity Coverage for Refusal to Pay
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
Coverage for DOJ Investigation Not Barred Because No Way to Determine Whether There Was Substantial Overlap with Earlier Lawsuits
Claim Asserting Innocence in Alleged Copyright Infringement “Arises Out of” Copyright Infringement and Triggers Exclusion
Even Without Express Demand for Money, Pre-Policy Period Letter is a “Claim”
Professional Services Exclusions Bar Coverage for Failure to Give Prescribed Drugs to Prisoner
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
Sixth Circuit Affirms That Tax Shelter Exclusion Bars Coverage for Suits against Accounting Firm
Fifth Circuit Reverses: Insured v. Insured Exclusion Does Not Apply To Indemnity Claim
No Duty to Defend Antitrust Suit Alleging Malicious Disparagement
Dishonesty Exclusion Bars Coverage for Claim Alleging Fraudulent Inducement to Extend Loan
Court Applies Subjective Standard to Prior Knowledge Exclusion
Motion to Dismiss Record Insufficient to Make “Related Claims” Determination
Financial Institution Bond Bars Coverage for Loss Not Resulting Solely from Duties of Outside Investment Advisor
Bond Exclusion Bars Coverage for Claims Against Property Management Company
Court Holds Shareholder Litigation and Adversary Proceeding Arising From Same Merger Are Separate Claims
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
Ninth Circuit Holds Professional Services Exclusion Bars Coverage for Ponzi Scheme Lawsuit
Bad Faith Claim Fails Absent Breach of Contract or Failure to Settle
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
Prior Knowledge Condition Bars Coverage for Insured’s Knowing Misrepresentations to Client
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
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
California Court Holds Claims by Separate Investors in the Same Ponzi Scheme All Barred by Application Exclusion
Insurer Owes No Duty to Defend “Related Claim” Where Suit is Based on Same Course of Discriminatory Conduct Alleged in Prior Litigation
Eleventh Circuit Holds No Coverage for Online Banking Theft
Finding of Fraud for ERISA Violation Implicates Fraud Exclusion
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
Pollution Exclusion in E&O Policy Bars Coverage
Court Applies Objective Standard to Hold that Prior Knowledge Exclusion Bars Coverage
Bad Faith Exclusion Bars Coverage for Bad Faith Failure to Settle Claim That Also Alleges Negligence
Ninth Circuit Holds Professional Services Exclusion Ambiguous
Return of Fees Exclusion Does Not Bar Coverage For Suit Arising From Client’s Payments to Law Firm Pursuant to Invalidated Contingent Fee Agreement
Insured v. Insured Exclusion Does Not Bar Coverage for Claim by Assignee
Health Care Professional Services Exclusion Applies Where Injury Would Not Exist But-For Failure to Provide Medical Attention
Fee Dispute Exclusion in Bank E&O Policy Not Triggered by Allegations Concerning Overdraft Charges
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
Insured Firm Could Have Foreseen that Failure to Timely Serve Party Would Lead to Malpractice Claim
Fraud Exclusion Bars Coverage for RICO and Fraud Suit
Five Lawsuits Constitute Related Claims to Complaint First Made Before Policy Period
Tax Shelter Exclusion Bars Coverage for Suits Against Accounting Firm
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
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
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
Policies Afford No Coverage for Litigation Arising Out of Unreported Demand Letter
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
Professional Services Exclusion Unambiguously Excludes Coverage for Negligent Building Design
Fee Exclusion Applies to Malpractice Litigation Where “Essential Character of the Dispute” Concerned Fees
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
Court Finds Fact Issue Regarding Whether Attorney Misconduct Could Reasonably Be Expected To Give Rise to a Claim
Single Complaint Triggers Two Policy Periods
No Coverage for Claims Arising out of Madoff’s Ponzi Scheme
Prior Acts Exclusion and Insolvency Exclusion Bar Coverage for Claim Against Broker
Dishonesty Exclusion Does Not Preclude Insurer’s Duty to Defend Where Underlying Complaint Does Not Allege Knowing or Willful Conduct
A Civil Contempt Proceeding Is Part of the Same “Claim” as the Underlying Civil Action from Which It Arises
No Coverage for Claim When Insured Had Knowledge of Incident Before Prior Acts Date
Insured v. Insured Exclusion Bars Coverage for Entire Consolidated Action with Multiple Non-Insured Claimants
Allegations of General Misconduct by CEO Do Not Arise from Same “Interrelated Wrongful Acts” as Specific Allegations of Fraud
Professional Services Exclusion Bars Coverage for Claims Alleging Mismanagement of Mortgage-Backed Securities Investment Vehicle
Professional Services Exclusion Applies to Global Administrative Decision
No Coverage for Lawyer’s Alleged Self-Dealing
After Missing a Statute of Limitations, Insured Law Firm Should Have Disclosed a Potential Claim
Class Action Suit Against Insured Mortgage Broker Deemed First Made at Time of Prior Suit Alleging Common Course of Conduct
Insured v. Insured Exclusion Bars Coverage for Claim by FDIC as Receiver
Lawsuit by Four Siblings Constitutes a Single Claim Because It Alleged Interrelated Wrongful Acts
Wiley Executive Summary

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