Posts in Professional Liability Exposures.
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
Coverage Barred for Portion of Settlements for Long Term Care Insurer’s Alleged Misrepresentations to Policyholders that Constitute the Return of Premiums
Coverage Barred for Portion of Settlements for Long Term Care Insurer’s Alleged Misrepresentations to Policyholders that Constitute the Return of Premiums
Lending Exclusion in Bankers Professional Liability Policy Bars Coverage For Claim Alleging Financing a Ponzi Scheme
Lending Exclusion in Bankers Professional Liability Policy Bars Coverage For Claim Alleging Financing a Ponzi Scheme
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
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
Late Notice Bars Coverage Under Claims-Made-and-Reported Policy for Claim Noticed to Insurer After Policy Period Expired
Late Notice Bars Coverage Under Claims-Made-and-Reported Policy for Claim Noticed to Insurer After Policy Period Expired
Allegation That Officer was CEO of Insured Organization Sufficient to Survive Capacity Challenge to D&O Coverage
Allegation That Officer was CEO of Insured Organization Sufficient to Survive Capacity Challenge to D&O Coverage
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
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
Based on Defamation Allegations, Insurer Must Defend Property Management Company against Lawsuit for Unlawful Security Deposit and Late Fee Practices
Based on Defamation Allegations, Insurer Must Defend Property Management Company against Lawsuit for Unlawful Security Deposit and Late Fee Practices
Fourth Circuit: Search Warrant Does Not Constitute a “Claim”
Fourth Circuit: Search Warrant Does Not Constitute a “Claim”
Claim Against Physician Arising out of Criminal Misconduct in the Sexual Assault of a Patient Does Not Involve Covered “Professional Services”
Claim Against Physician Arising out of Criminal Misconduct in the Sexual Assault of a Patient Does Not Involve Covered “Professional Services”
Broker-Dealer Professional Liability Policy Not Implicated Where Registered Representative Was “Selling Away”
Broker-Dealer Professional Liability Policy Not Implicated Where Registered Representative Was “Selling Away”
Insurer Can Rely on Prior Insurance Applications in Support of Rescission Claim Based on Omission in Current Policy’s Application
Insurer Can Rely on Prior Insurance Applications in Support of Rescission Claim Based on Omission in Current Policy’s Application
Fraud Exclusion, California Insurance Code Section 533 Preclude Coverage for Arbitration Award
Fraud Exclusion, California Insurance Code Section 533 Preclude Coverage for Arbitration Award
Ninth Circuit Holds That California Prohibition on Insuring Willful Conduct Does Not Require Final Adjudication in Underlying Action
Ninth Circuit Holds That California Prohibition on Insuring Willful Conduct Does Not Require Final Adjudication in Underlying Action
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
New York Statutory Remedy Limited to a Single Policy Period
New York Statutory Remedy Limited to a Single Policy Period
Eighth Circuit Affirms Medicare Reimbursement Claim Is Not “Based on Professional Services”
Eighth Circuit Affirms Medicare Reimbursement Claim Is Not “Based on Professional Services”
Notice-Prejudice Rule Does Not Apply to Claims-Made Professional Liability Policies
Notice-Prejudice Rule Does Not Apply to Claims-Made Professional Liability Policies
Second Circuit Affirms No Duty to Defend Claims Against Construction Firm Outside the Scope of Professional Liability Coverage
Second Circuit Affirms No Duty to Defend Claims Against Construction Firm Outside the Scope of Professional Liability Coverage
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
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
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
Duty to Defend Where Complaint Contains Potentially Covered Allegations
Duty to Defend Where Complaint Contains Potentially Covered Allegations
Sexual Misconduct Exclusion Eliminates Duty to Defend Civil Lawsuit
Sexual Misconduct Exclusion Eliminates Duty to Defend Civil Lawsuit
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
$140 million SEC Disgorgement Payment Not a “Penalty” and Insurable Under New York Law
$140 million SEC Disgorgement Payment Not a “Penalty” and Insurable Under New York Law
Broker Has No Tort-Based Duty to Claimants to Notify Insurance Carriers of Claims Against Insured 
Broker Has No Tort-Based Duty to Claimants to Notify Insurance Carriers of Claims Against Insured 
No Coverage under EPL Policy for “Wrongful Act” Committed Against Non-Employee
No Coverage under EPL Policy for “Wrongful Act” Committed Against Non-Employee
Alleged Breach of Fiduciary Duty Not a “Securities Claim”
Alleged Breach of Fiduciary Duty Not a “Securities Claim”
Changes at the FTC Could Increase D&O Exposure
Changes at the FTC Could Increase D&O Exposure
Private Investment Funds: Major Developments from 2020
Private Investment Funds: Major Developments from 2020
California Court Enforces Federal Forum Selection Provision For 1933 Act Claims
California Court Enforces Federal Forum Selection Provision For 1933 Act Claims
Private Funds: SEC Examination and Enforcement Priorities
Private Funds: SEC Examination and Enforcement Priorities
Liu v. SEC: What Is “Disgorgement”?
Liu v. SEC: What Is “Disgorgement”?
Delaware Supreme Court Reverses Chancery Court; Concludes Federal Forum Selection Provisions Enforceable For 1933 Act Claims
Delaware Supreme Court Reverses Chancery Court; Concludes Federal Forum Selection Provisions Enforceable For 1933 Act Claims
Wrongful Conviction 2020: The Rising Tide of Insurance Trigger Litigation
Wrongful Conviction 2020: The Rising Tide of Insurance Trigger Litigation
Third Party’s Breach of Contract Claim Against Broker Survives Motion to Dismiss
Connecticut Supreme Court Answers Certified Question in Favor of Insurance Adjuster, Holding That Continuing Course of Conduct Doctrine Did Not Toll Statute of Repose
Corporate Coverage Considerations: California Appellate Court Confirms Enforceability of Delaware Forum Selection Bylaws
Delaware Chancery Court Rules Federal Forum Selection Clause in Corporate Charter Unenforceable
No Legal Fees for M&A Objector Where Transaction Resulted in Loss of Standing to Object
NY Court Rejects Disclosure-Only Shareholder Class Action Settlement
No Second Bite for Derivative Plaintiffs: Delaware Supreme Court Rebuffs Invitation to Undermine Preclusive Effect of Prior Unsuccessful Derivative Action
Inviting a Second Bite at the Apple: Delaware Chancery Court Suggests New Approach to Evaluating Preclusive Effect of Prior Unsuccessful Derivative Litigation
U.S. Supreme Court: ERISA “Church Plan” Exception Applies to Any Benefit Plan Maintained by Certain Church-Associated Organizations
Wiley Rein Overturns Adverse Verdict Against Insurance Broker
Adversaries In Litigation Prohibited From Assigning Legal Malpractice Claim Arising From Same Litigation
FCC Broadens Reach of TCPA through New Declaratory Ruling and Order
Delaware Chancery Court Rejects Proposed Merger Settlement Emphasizing Need for Case-Specific Assessment of Settlement Consideration and Attorneys’ Fees
Supreme Court Agrees to Hear “Continuing Violation” ERISA Case
SCOTUS Closes One Door but Opens Another in ERISA Stock Drop Cases
The Winners in Halliburton: Defense Counsel and Experts
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