The United States District Court for the Eastern District of Pennsylvania has held that a lawyer was not entitled to insurance coverage because he could not reasonably expect that his malpractice policy would provide coverage for acts occurring three months prior to the effective and retroactive date of the policy.  Downey v. First Indemnity Ins., 2016 WL 6033426 (E.D. Pa. Oct. 14, 2016).

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An Illinois federal court has held that an insurer owed no duty to defend an underlying lawsuit where the complaint did not allege any conduct occurring after that policy’s retroactive date.  Wesco Ins. Co. v. Regas, 2015 WL 500702 (N.D. Ill. Feb. 3, 2015).  The court also held that a second carrier owed no duty to defend the suit by operation of a prior notice exclusion. Wiley Rein represented one of the insurers.
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