Posts in Policy Definitions.
Insured v. Insured Exclusion Bars Coverage for Bankruptcy Trustee’s Claims Where Policy Defines “Insured” to Include Trustees and Debtors-in-Possession
Insured v. Insured Exclusion Bars Coverage for Bankruptcy Trustee’s Claims Where Policy Defines “Insured” to Include Trustees and Debtors-in-Possession
Neither Contract Exclusion nor Professional Services Exclusion Bar Coverage for Lawsuits Against Insured Alleging Breach of Common Law Duties in Connection With its Fulfillment of Orders for Prescription Opioids
Neither Contract Exclusion nor Professional Services Exclusion Bar Coverage for Lawsuits Against Insured Alleging Breach of Common Law Duties in Connection With its Fulfillment of Orders for Prescription Opioids
Insurers Owe Coverage for Settlement Despite Bump-Up Provision
Insurers Owe Coverage for Settlement Despite Bump-Up Provision
Quiet Title Action Does Not Involve Covered “Loss”
Quiet Title Action Does Not Involve Covered “Loss”
Utah Federal Court Holds That Malpractice Claim “Resulting From” Sanctions on Insured Law Firm Seeks “Damages”
Utah Federal Court Holds That Malpractice Claim “Resulting From” Sanctions on Insured Law Firm Seeks “Damages”
Transmitting Information to Credit Reporting Agencies Constitutes “Electronic Publishing”
Transmitting Information to Credit Reporting Agencies Constitutes “Electronic Publishing”
‘Wrongful Acts’ Includes Both Negligent and Intentional Acts
‘Wrongful Acts’ Includes Both Negligent and Intentional Acts
Deceptive Advertising Claim Does Not Allege “Covered Professional Service”
Deceptive Advertising Claim Does Not Allege “Covered Professional Service”
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
Accounting Services Do Not Implicate Professional Liability Policy When Not Performed “for Financial Institutions”
Accounting Services Do Not Implicate Professional Liability Policy When Not Performed “for Financial Institutions”
Duty to Defend Where Complaint Contains Potentially Covered Allegations
Duty to Defend Where Complaint Contains Potentially Covered Allegations
Lawyers Professional Liability Policy Does Not Cover Non-Insured Construction Management Company; Insurer Justified in Requesting Segregated Invoices
Lawyers Professional Liability Policy Does Not Cover Non-Insured Construction Management Company; Insurer Justified in Requesting Segregated Invoices
Policy Requires Allocation of Defense Costs Based Upon Parties’ Relative Legal Exposure
Policy Requires Allocation of Defense Costs Based Upon Parties’ Relative Legal Exposure
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
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
Delaware Federal Court Clarifies No Coverage Available for Director and Officer Sued in Capacity as Controlling Stockholder
Delaware Federal Court Clarifies No Coverage Available for Director and Officer Sued in Capacity as Controlling Stockholder
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”
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  
No Coverage for Lawsuit Based Only on Insured Law Firm’s Business Decisions
No Coverage for Lawsuit Based Only on Insured Law Firm’s Business Decisions
Single Lawsuit Comprised of Multiple “Claims”
Single Lawsuit Comprised of Multiple “Claims”
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
Pandemic-Related Losses Not “Direct Physical Loss of or Damage to Property” And Do Not Trigger Coverage Under Commercial Property Policy
Pandemic-Related Losses Not “Direct Physical Loss of or Damage to Property” And Do Not Trigger Coverage Under Commercial Property Policy
No Coverage for Lawsuit Alleging Intentional Conduct to Circumvent Estate Plan
No Coverage for Lawsuit Alleging Intentional Conduct to Circumvent Estate Plan
Joint Venture Qualifies as a 'Subsidiary' Where Insured Holds Partial Economic Interest But 100% of Voting Rights
Joint Venture Qualifies as a 'Subsidiary' Where Insured Holds Partial Economic Interest But 100% of Voting Rights
Insurer Estopped from Denying Coverage for Legal Malpractice Action But Not Subsequent Disgorgement Action
Insurer Estopped from Denying Coverage for Legal Malpractice Action But Not Subsequent Disgorgement Action
Delaware Supreme Court Holds that Appraisal Proceeding is not a “Securities Claim”
Delaware Supreme Court Holds that Appraisal Proceeding is not a “Securities Claim”
Despite Allegation that Law Firm Was Not Providing “Legal Advice,” Complaint Triggers Duty to Defend Under Lawyers’ Professional Liability Policy
Despite Allegation that Law Firm Was Not Providing “Legal Advice,” Complaint Triggers Duty to Defend Under Lawyers’ Professional Liability Policy
Run-Off Endorsement Bars Coverage for “False Filings” Made in Connection with Construction Projects for State Agencies
Run-Off Endorsement Bars Coverage for “False Filings” Made in Connection with Construction Projects for State Agencies
Illinois Court Holds Fee Dispute Does Not Involve Professional Services
Illinois Court Holds Fee Dispute Does Not Involve Professional Services
Sanctions Carve-Out Bars Coverage for Show Cause Order Issued to Attorney
Sanctions Carve-Out Bars Coverage for Show Cause Order Issued to Attorney
Texas Court Holds “Instrumental Act” in Appraisal Litigation is Execution of Merger
Texas Court Holds “Instrumental Act” in Appraisal Litigation is Execution of Merger
11th Circuit Holds Insurer Must Defend Lawsuit Where Award of Attorneys’ Fees Was the Only Potentially Covered Relief
11th Circuit Holds Insurer Must Defend Lawsuit Where Award of Attorneys’ Fees Was the Only Potentially Covered Relief
Indemnification Demands Made by Stock Option Plan Trustee Not “Fiduciary Claims” for “Wrongful Acts”
Indemnification Demands Made by Stock Option Plan Trustee Not “Fiduciary Claims” for “Wrongful Acts”
Benefits the Insured Promised But Failed to Provide Constitute Non-Covered Restitution
Benefits the Insured Promised But Failed to Provide Constitute Non-Covered Restitution
No Coverage for Affirmative Lawsuit Challenging Distribution of Proceeds From Sale of Investment Assets
No Coverage for Affirmative Lawsuit Challenging Distribution of Proceeds From Sale of Investment Assets
No Coverage for Lawsuit Alleging Human Trafficking and Wage and Hour Violations
No Coverage for Lawsuit Alleging Human Trafficking and Wage and Hour Violations
Insurer Did Not Act in Bad Faith by Denying Coverage for Claim that Turned On Unsettled Question of Law
Insurer Did Not Act in Bad Faith by Denying Coverage for Claim that Turned On Unsettled Question of Law
Alleged Errors In Employee Benefits Administration Potentially Trigger Fiduciary Liability Policy
Alleged Errors In Employee Benefits Administration Potentially Trigger Fiduciary Liability Policy
Alleged Violations of Fair Labor Standards Act and New York Labor Law Not “Wrongful Acts” Under Employment Practices Liability Policy
Alleged Violations of Fair Labor Standards Act and New York Labor Law Not “Wrongful Acts” Under Employment Practices Liability Policy
Undue Influence Suit Alleges “Negligent Act, Error or Omission” Under E&O Policy
Undue Influence Suit Alleges “Negligent Act, Error or Omission” Under E&O Policy
Incarceration Constitutes Continuous Injury Triggering Duty to Defend
Incarceration Constitutes Continuous Injury Triggering Duty to Defend
Insurer Must Defend Legal Malpractice Claim for Damages in the Amount of Fees Paid, Despite Carve Out of “Legal Fees” from Definition of “Damages”
Insurer Must Defend Legal Malpractice Claim for Damages in the Amount of Fees Paid, Despite Carve Out of “Legal Fees” from Definition of “Damages”
No Coverage for Underlying Settlement with Government Because Government Was Not Insured’s “Client”
No Coverage for Underlying Settlement with Government Because Government Was Not Insured’s “Client”
Delaware Adopts Larger Settlement Rule
Delaware Adopts Larger Settlement Rule
No Coverage for Lawsuit Seeking Recovery of Disputed Legal Fees
No Coverage for Lawsuit Seeking Recovery of Disputed Legal Fees
Ill. Ruling Clarifies Wrongful Incarceration Insurance Triggers
Ill. Ruling Clarifies Wrongful Incarceration Insurance Triggers
Civil Contempt Proceeding Inherently Seeks Non-Covered “Sanctions”
CEO’s Abuse of Position is Not “Professional Services” and Negligence Claim for Return of Monies Does Not Seek “Damages”
Claim Against Law Firm Alleging Failure to Transfer Client Files Satisfies Policy’s Definition of “Legal Services”
No E&O Coverage for Breach of Contract and Intentional Torts
Former Of Counsel Is Still “Insured Person” After Leaving Law Firm
5th Circ. Insights On Wrongful Conviction Insurance Coverage
Claims Arising out of Insured’s Contractual Obligation to Provide Employee Benefits Plans Are Not Because of a Wrongful Act
False Claims Act Investigation Does not Implicate “Professional Services”
Billing Fraud Penalties Do Not Constitute “Damages” Under Professional Liability Policy
Attorneys’ Fees Awarded Pursuant to Statute Are Not “Damages”
Nebraska Court Rules Injury from Malicious Prosecution Occurs at Time of Charging
Law Firm’s Dispute Over Contingency Fee Does Not Involve Covered Loss
Negligent Supervision of Funds Exclusion Bars Coverage for Trust Investment Losses
Alleged Fraudulent Submission of Medicaid Claims Does Not Constitute Rendering or Failure to Render Medical Professional Services
Disgorgement of Profits Realized by Insured’s Customers is a Penalty, Not Insurable Loss
Lawsuit Arising Out of Attorney-Client Fee Dispute Did Not Seek “Damages”
First Circuit Holds Physician’s Accessing of Ex-Wife’s Medical Records Allegedly to Harass Does Not Constitute “Professional Services”
Settlement Payments Not Uninsurable Disgorgement Where Not Conclusively Linked To Improperly Acquired Funds
Investigation Seeking Sanctions and Return of Fees Sought No Covered “Damages”
Insurer Has No Duty to Defend Law Firm Against Allegations of Overbilling
Tax Advice Was Not “Professional Services” Under Life Insurance Agents E&O Policy
Alleged Sexual Abuse by Teacher Not Covered as “Educational Employment Activities”
D&O Coverage Available for Executive Sued in Insured Capacity, But Not for Insured Entity
No Coverage Available Under Crime Policy for Losses Not Discovered “During the Policy Period”
Text Messages Sent in Violation of TCPA Held to Implicate Professional Services Coverage
TCPA Statutory Damages Are Uninsurable Penalties Under Colorado Law
Ninth Circuit Affirms Allegations of Discrimination and Harassment Triggered Duty to Defend Class Action for California Labor Code Violations
Breach of Fiduciary Duty Claim Against Lawyer Acting as Both Escrow Agent and Attorney for Counterparty Triggers Duty to Defend Notwithstanding Business Enterprise Exclusion
Washington Court Finds Coverage for Fraudulently Originated Loans Repurchased by Now-Defunct Bank
No Coverage Available for Employment-Related Claims Under Policy D&O and EPL Coverage Sections
Court Finds Hotel Worker Not “Employee” Under Policy for Theft Loss Coverage
No Coverage for Accountant’s Solicitation of Investment in Entity He Partially Owned
Insurer Had Duty to Defend Where at Least One Allegation “Possibly” Constituted a Wrongful Act
NY Appeals Court Holds FCRA Statutory Damages Are Covered Damages
Temp Nurse Deemed an “Employee” Under Hospital Insurance Policy Despite Staffing Agreement Stating Otherwise
Settlement of Class Actions for Allegedly Withheld Profits Not Disgorgement
Embezzling Payroll Service Providers Were “Employees” of Insured, Triggering Crime Coverage
In Absence of Alleged Malpractice, No Professional Liability Coverage Available
Consent Judgment with Covenant Not to Execute Is Covered Loss
No Coverage for Law Firm Employee’s Misappropriation of Client Funds
Bank Settlements Returning Overdraft Fees—Including Plaintiffs’ Attorneys’ Fee Awards—Are Not “Damages”
No “Wrongful Act” Where Claim Did Not Involve Conduct “Solely” in Individual’s Capacity as a Director or Officer of an Insured Entity
No Coverage Under D&O Policy For Misrepresentations Regarding Mortgage-Backed Securities Because Not “Securities Of” the Insured
Advancement When Bank Customer Had Insufficient Funds Not a “Transaction in the Nature of a Loan”
Lawyer Rendered “Professional Services” in Failure to Advise Investment Transaction Counterparty Regarding Title Insurance
Fidelity Bond Provides Coverage for Third-Party Claim Arising from Employee’s Fraud
FDIC’s Suit Against Law Firm for Acceptance of Advanced Retainer Not Covered
No Coverage Under a Claims-Made Policy for Former Employee Even When Insured Alleged to be Vicariously Liable
Professional Association’s Investigation of Ethical Complaints and Credentialing of Members Constitute Professional Services
Automated Calls to Advertise Insurance Services Do Not Constitute Professional Services
Client’s Fee Dispute Claim Triggers Duty to Defend because it “Arises Out of” Firm’s Performance of Professional Services
Civil Penalties under Clean Air Act Do Not Constitute Punitive Damages
No Coverage for Individual for Claims Based on Role Outside of Insured Organization
Pennsylvania Federal Court Confirms that Settlements Returning Overdraft Fees Are Not “Damages”
Additional Insured Under One Coverage Part Is Not Additional Insured Under Another Coverage Part
Settlement Returning Overdraft Fees Deemed Potentially Insurable
Inconsistent Policy Provisions Render Policy Ambiguous as to Coverage for Attorney Advertising
Allegations Related to the Improper Characterization of an Employee for Purposes of Employee Benefits Program Constitutes an “Employee Benefits Injury”
Settlements Returning Overdraft Fees Are Not “Damages”
Repayment of Improperly Received Funds May Constitute Covered Loss; Coverage is Not Precluded on Public Policy Grounds
Settlements Returning Overdraft Fees Found to be Insurable “Damages”
Billing Activities Are Not Professional Services
Ninth Circuit Confirms that Former Employee’s Suit for Unlawful Termination Is Not a Claim for “Wrongful Acts”
Former Employee Not an “Insured Member”
Wiley Executive Summary

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