By Jessica N. Gallinaro on Posted in Reasonable expectations,Retroactive DateThe 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.,… Continue Reading
By Ashley E. Eiler on Posted in Retroactive DateThe Court of Appeals of Minnesota has held that a lawyers professional liability policy does not afford coverage for a claim based on alleged acts of malpractice that occurred prior to the retroactive date. Gemelli v. Haugen, 2015 WL 2457005 (Minn. Ct. App. May 26, 2015).… Continue Reading
By Matthew W. Beato on Posted in Related Claims and associated exclusions,Retroactive DateAn 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… Continue Reading
