Executive Summary Blog

Executive Summary Blog

Legal developments affecting professional liability insurers

Search Results for:

Insurer Potentially Liable for Failing to Initiate Settlement Discussions

Posted in Bad faith/duty to settle, Exclusions

The U.S. District Court for the District of Kansas, applying Kansas law, has held that fact questions regarding application of an investment advising exclusion in a professional liability policy preclude summary judgment. Bridgebuilder Tax + Legal Servs. v. Torus Specialty Ins. Co., 2017 WL 6342229 (D. Kan. Dec. 12, 2017). The court also indicated that… Continue Reading

Fee Exclusion Bars Coverage for Overdraft Fee Settlement

Posted in Bad Faith, Exclusions

Applying Mississippi law, the United States Court of Appeals for the Seventh Circuit has held that an exclusion in a bankers’ professional liability policy barred coverage for class claims alleging that the insured bank wrongfully maximized overdraft fees charged to its customers.  BancorpSouth, Inc. v. Federal Ins. Co., 2017 WL 4546144 (7th Cir. Oct. 12,… Continue Reading

Prior Acts Exclusion Bars Coverage for Suits Alleging Wrongful Conduct Spanning Prior Acts Date

Posted in Exclusions, Related Claims and associated exclusions

A Maryland intermediate appellate court has affirmed summary judgment in favor of an insurer, holding that a Prior Acts Exclusion applied to bar coverage for two antitrust lawsuits where the suits alleged that the insured conspired to raise prices beginning as early as 2002 and the Prior Acts Exclusion barred coverage for “Interrelated Wrongful Acts,… Continue Reading

Bankers’ Professional Liability Policy Excludes Overdraft Fee Litigation From Coverage

Posted in Bad Faith, Exclusions

The United States District Court for the Southern District of Indiana, applying Mississippi law, has held that a bankers’ professional liability insurance policy did not cover a class action suit against a bank alleging that it wrongfully maximized overdraft fees charged to its customers.  Bancorpsouth, Inc. v. Federal Ins. Co., 2017 WL 373300 (S.D. Ind.… Continue Reading

Contract Exclusion Bars Coverage for Suit Alleging Breach of Special Relationship and Conversion

Posted in Breach of Contract – coverage for amounts due pursuant to contract, exclusions, Exclusions

The United States Court of Appeals for the Ninth Circuit, applying Washington law, has held that a contract exclusion precluded defense or indemnity coverage for a suit alleging breach of special relationship and conversion torts that were predicated on premature termination of a contract. X2 Biosystems, Inc. v. Federal Ins. Co., 2016 WL 4120694 (9th… Continue Reading