Posts in Prior Knowledge/Rescission.
New Jersey Appellate Court Affirms Rescission of Policies Based on Law Firm’s Misrepresentation in Applications
New Jersey Appellate Court Affirms Rescission of Policies Based on Law Firm’s Misrepresentation in Applications
Eleventh Circuit Holds that Claims Pre-Date Policy, Sidesteps Rescission Issue
Eleventh Circuit Holds that Claims Pre-Date Policy, Sidesteps Rescission Issue
Law Firm Had Duty to Report Omission, Even Though Clients Promised Not to Sue
Law Firm Had Duty to Report Omission, Even Though Clients Promised Not to Sue
No Coverage for Malpractice Suit Where Insured Misrepresented Prior Knowledge of Potential Claim
No Coverage for Malpractice Suit Where Insured Misrepresented Prior Knowledge of Potential Claim
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
Policy Rescinded Based on Insured’s Material Misrepresentation in Renewal Application
Policy Rescinded Based on Insured’s Material Misrepresentation in Renewal Application
Coverage for Shareholder Actions Not Barred by Prior Acts Exclusion
Coverage for Shareholder Actions Not Barred by Prior Acts Exclusion
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
Insurer Must Show that Reasonable Insured Would Have Concluded that Potential Claim Could Arise from Ongoing Investigation in Order to Apply Prior Knowledge Exclusion
Insurer Must Show that Reasonable Insured Would Have Concluded that Potential Claim Could Arise from Ongoing Investigation in Order to Apply Prior Knowledge Exclusion
Warranty Exclusion Bars Coverage for Demand Letter Referencing SEC Lawsuit Alleging Fraud by Insured Prior to Warranty Date
Warranty Exclusion Bars Coverage for Demand Letter Referencing SEC Lawsuit Alleging Fraud by Insured Prior to Warranty Date
No Coverage for Lawsuit Where “Claim” First Made at Time of Tolling Agreement
No Coverage for Lawsuit Where “Claim” First Made at Time of Tolling Agreement
Lawsuit not a “Related Claim” to Earlier Demand Letter, but Policy Rescinded Based on Material Misrepresentations in Application
Lawsuit not a “Related Claim” to Earlier Demand Letter, but Policy Rescinded Based on Material Misrepresentations in Application
Material Misrepresentations on Application and Prior Knowledge Preclude Professional Liability Coverage for Behavioral Health Center
Material Misrepresentations on Application and Prior Knowledge Preclude Professional Liability Coverage for Behavioral Health Center
Insurer’s Motion to Dismiss Denied Where Complaint Plausibly Alleged Rescission of Policies Was Untimely Under Wisconsin Statute  
Insurer’s Motion to Dismiss Denied Where Complaint Plausibly Alleged Rescission of Policies Was Untimely Under Wisconsin Statute  
Insurer Entitled to Rescission Based on Insured’s Failure to Disclose Known Lawsuits  
Insurer Entitled to Rescission Based on Insured’s Failure to Disclose Known Lawsuits  
Policy Definition of “Claim” Applies to Policy Application
Policy Definition of “Claim” Applies to Policy Application
Insurer Entitled to Rescission for Insured’s Misrepresentations on Renewal Application
Insurer Entitled to Rescission for Insured’s Misrepresentations on Renewal Application
Company’s Misrepresentations Warrant Policy Rescission Under Florida Law
Company’s Misrepresentations Warrant Policy Rescission Under Florida Law
“Notice of Cancellation” Meets California Requirements for Notice of Rescission
“Notice of Cancellation” Meets California Requirements for Notice of Rescission
Coverage for Claims Against Seed Grower Not Barred by Prior Knowledge or Retroactive Date Provisions
Coverage for Claims Against Seed Grower Not Barred by Prior Knowledge or Retroactive Date Provisions
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
Insurer Entitled to Rescind Policy for Insured’s Concealment of Lawsuit Filed Prior to Policy Period
Insurer Entitled to Rescind Policy for Insured’s Concealment of Lawsuit Filed Prior to Policy Period
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
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
Legal Malpractice Lawsuit Not Covered Where Insured Knew or Reasonably Should Have Known Pre-Inception of Conduct that Might Be Basis of Claim
Legal Malpractice Lawsuit Not Covered Where Insured Knew or Reasonably Should Have Known Pre-Inception of Conduct that Might Be Basis of Claim
Law Firm’s Misrepresentations in Insurance Application Warrant Recission Under Utah Statute
Law Firm’s Misrepresentations in Insurance Application Warrant Recission Under Utah Statute
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
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 
Federal Court Declines to Exercise Jurisdiction Over Rescission Action
Federal Court Declines to Exercise Jurisdiction Over Rescission Action
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
Single Lawsuit Comprised of Multiple “Claims”
Single Lawsuit Comprised of Multiple “Claims”
Insurer Entitled to Rescind Policy Due to Insured’s Failure to Disclose Contract Dispute and Potential Claim on Application
Insurer Entitled to Rescind Policy Due to Insured’s Failure to Disclose Contract Dispute and Potential Claim on Application
Insurer Entitled to Rescind Due to Misrepresentations on Application
Insurer Entitled to Rescind Due to Misrepresentations on Application
Prior Knowledge and Prior Notice Exclusions Barred Coverage For Legal Malpractice Claim
Prior Knowledge and Prior Notice Exclusions Barred Coverage For Legal Malpractice Claim
Disclosure of False Claims Act Investigation Not Required by Policy Application Questions
Disclosure of False Claims Act Investigation Not Required by Policy Application Questions
Whether Insured Misrepresented or Concealed Information in Application is a Fact Issue for Trial
Whether Insured Misrepresented or Concealed Information in Application is a Fact Issue for Trial
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
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 Duty to Defend or Indemnify Lawsuit Overlapping With Prior EEOC Charge
No Duty to Defend or Indemnify Lawsuit Overlapping With Prior EEOC Charge
Issues of Fact Halt Insurer’s Attempt to Rescind Malpractice Policy
Issues of Fact Halt Insurer’s Attempt to Rescind Malpractice Policy
“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
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
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
“May” and “Might” are Sufficiently Clear and Unambiguous to Support Rescission Claim
“May” and “Might” are Sufficiently Clear and Unambiguous to Support Rescission Claim
No Coverage Because of Late Notice and Undisclosed Prior Knowledge of Claim
Warranty Exclusion Bars Coverage Where Start-Up Made Material Misrepresentations in Application about Potential Acquisitions
Insured’s Subjective Belief Regarding Likelihood of Being Sued Irrelevant to Prior Knowledge Analysis Under Pennsylvania Law
Warranty Precludes Coverage for SEC Action Under Excess Policy
No Coverage for Malpractice Suit Implicating Policy’s Outside Business Exclusion
Montana Supreme Court Holds Insurer Does Not Have Statutory Right to Rescind Lawyers’ Professional Liability Policy
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”
West Virginia High Court Reinstates Rescission Suit
Court Holds Prior Acts Exclusion Bars Coverage for Securities Lawsuit
Collateral Estoppel Bars Relitigation of Issues Bearing on Prior Knowledge of Potential Claim
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
Application Exclusion Does Not Apply When Misstatements Were Not “But For” Cause of Claim
Prior Knowledge Exclusion in Application Bars Coverage for Undisclosed Claim that Led to Litigation
Insurer Entitled to Rescind Policy Where Insured Law Firm Made Material Misrepresentations in Application
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
Insurer Entitled to Rescind Policy But Not to Reimbursement of Defense Costs
Insurer May Rescind Policy Where Insured Failed to Disclose Pending Investigation
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
Pre-Inception Tolling Agreement and Agency Notice of Potential Statutory Violations Insufficient for Judgment on the Pleadings on Prior Knowledge Provision
Prior Knowledge Exclusion Bars Coverage for Claim Against Insured Attorney
Court Grants Summary Judgment to Insurer Based on Failure to Disclose Prior Claims in Application
Disputes Over Amounts of Premiums and Claims Paid Prevent Summary Judgment in Rescission Case
Missouri Federal Court Denies Motion to Stay Coverage Action Pending Resolution of State Insolvency Proceedings Against Insured
Second Circuit Upholds Trial Win for Insurer Rescinding Policy
An Insured’s Prior Knowledge Precludes Coverage for Other Insureds Seeking Coverage; Prior Litigation Exclusion Applies to Arbitration Demand
Failure to Disclose Untimely Filings on Application Voids Lawyer's Policy
Insurer Entitled to Rescind Lawyers Professional Liability Policy Where Insured Made Material Misrepresentations in Application
Insurer Entitled to Rescind Policy for Insured’s Failure to Disclose Prior Losses
Multiple Clients’ Claims Against Accountant Deemed Related and Subject to Lower Limit of Liability Due to Insureds’ Prior Knowledge of One Client’s Claim
Architect’s Prior Knowledge Bars Coverage for Professional Liability Claim
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 Lawyers’ Material Misrepresentations Warrant Rescission and Coverage also Barred by Prior Knowledge Exclusion
Lawyer’s Material Misrepresentations in Policy Renewal Applications Justify Rescission
Ninth Circuit Upholds Rescission of Crime Policies Based on Misrepresentation in Application
Rescission Voids All Policy Provisions, Including Innocent Insured Provision
Fact Issues Regarding “Relatedness of Claims” Preclude Motion for Judgment on the Pleadings
Rescission Warranted When Policyholder Failed to Disclose Past Department of Insurance Investigations in Application
No Rescission Based on Application Signer’s Fraud; Fraudster’s Knowledge Cannot Be Imputed to Bank
Prior Knowledge Precludes Coverage Where Undisclosed “Events Bore the Seeds of a Malpractice Claim” Against Insured Lawyer
Insurer Entitled to Rescind Policy Based on Insured’s Failure to Disclose Claim Made After Application Submitted but Before Coverage Bound
Prior Knowledge Condition Does Not Bar Coverage for Suit Alleging Negligent Licensure of Foster Parent
Claimant Without a Judgment Has No Standing to Bring Declaratory Judgment Action Against Alleged Tortfeasor’s Insurer
Seventh Circuit Holds Insured’s Material Misrepresentations in Application Warrant Rescission of Policy
Fourth Circuit Holds that Rescission is Not Available to Innocent Co-Insureds
Policy Rescinded And Voided Ab Initio For Failure to Disclose Professional Responsibility Grievance Investigation of Insured Officer
Prior Knowledge Condition Could Apply to Bar Coverage
New Jersey High Court Retroactively Applies Rescission of Medical Malpractice Policy
No Prejudice Necessary to Deny Coverage for an Insured’s Late Notice under Consecutive Claims-Made-and-Reported Policies
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
Coverage Barred by Prior Litigation Exclusion, Regardless of Insured’s Actual or Reasonable Belief About Pre-Policy Demand Letter
Even Without Express Demand for Money, Pre-Policy Period Letter is a “Claim”
Maryland Federal Court Holds Coverage Barred by Insured’s Prior Knowledge and by “Actual Prejudice” from Late Notice
Material Misrepresentations in Application Preclude Coverage for More Than $2 Million Embezzlement
Court Applies Subjective Standard to Prior Knowledge Exclusion
Insurer Waived Right to Rescind Where Its Agents Knew of Facts that ‘Distinctly Implied’ Information on Policy Application Was Incorrect
Fourth Circuit Affirms Recoupment for Insurer Where Guilty Pleas Triggered Policy Exclusions
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
Coverage Barred under “Known Risk” Exclusion Where Applicant for Insurance “On Notice” of Potential Malpractice Claim
California Court Holds Claims by Separate Investors in the Same Ponzi Scheme All Barred by Application Exclusion
Lawyer’s “Don’t Ask” Policy on Associate Misconduct Leads Court to Apply Prior Knowledge Exclusion
Illinois Supreme Court Holds “Innocent Insured Doctrine” Inapplicable In Rescission Context
Court Applies Objective Standard to Hold that Prior Knowledge Exclusion Bars Coverage
Return of Fees Exclusion Does Not Bar Coverage For Suit Arising From Client’s Payments to Law Firm Pursuant to Invalidated Contingent Fee Agreement
No Rescission of Renewal Policy Where Original Application Not Incorporated into Application for Renewed Policy
Court Holds That Policy’s Misrepresentation Clause Set Higher Standard for Rescission
Malpractice Policies Rescinded Based on Material Misrepresentations
Insured Firm Could Have Foreseen that Failure to Timely Serve Party Would Lead to Malpractice Claim
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
Insurer’s Recoupment of Defense Expenses Includes Pre-Judgment Interest
Policies Afford No Coverage for Litigation Arising Out of Unreported Demand Letter
No Coverage Where Attorney Failed to Disclose Tolling Agreement With Client on Application for Insurance
Court Refuses to Stay Rescission Action Pending Outcome of Underlying Proceeding
Court Finds Fact Issue Regarding Whether Attorney Misconduct Could Reasonably Be Expected To Give Rise to a Claim
Fraud in Application Voids Law Firm’s Professional Liability Policy
Insurer with Knowledge of Potential Claim Cannot Agree with Insured to Cancel Policy
No Coverage for Claim When Insured Had Knowledge of Incident Before Prior Acts Date
Material Misrepresentation in Application Warrants Rescission of Crime Coverage
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