In a win for the insurer, the United States Court Appeals for the Third Circuit, applying Pennsylvania law, affirmed the district court’s holding that an
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Civil Contempt Proceeding Inherently Seeks Non-Covered “Sanctions”
The United States District Court for the District of Hawaii, applying Hawaii law, held that an insurer was not obligated to defend an insured law…
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Exclusion for Wage and Hour Law Claims Limited to Laws Concerning Duration Worked or Remuneration Received in Exchange for Work
By Emily S. Hart on
Posted in Uncategorized
The California Court of Appeal, applying California law, has held that the undefined term “wage and hour . . . law” in a wage and…
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Delaware Supreme Court Holds Trustee Action Alleging Breach of Fiduciary Duty, Unlawful Dividend, and Fraudulent Transfer Is Not a “Securities Claim”
By Jessica N. Gallinaro on
Posted in “Claim”
The Delaware Supreme Court has held that D&O policies do not afford coverage for an underlying lawsuit asserting causes of action for breach of fiduciary…
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Court Sends Disputes Regarding Cooperation and Prior Knowledge to the Jury
By Margaret Thomas on
Applying Georgia law, a federal district court denied cross-motions for summary judgment regarding cooperation and prior knowledge, sending both issues to the jury. Lloyd’s of …
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CEO’s Abuse of Position is Not “Professional Services” and Negligence Claim for Return of Monies Does Not Seek “Damages”
By Ashley-Anne L. Criss on
Posted in Loss, Professional Services
The United States District Court for the Eastern District of Arkansas has held that no coverage exists under an errors and omissions policy for claims…
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No Coverage for Wrongful Death Suit after a Doctor’s Guilty Plea in Criminal Action
The United States District Court for Nevada, applying Nevada law, has held that an insurer had no duty to defend or indemnify in a wrongful…
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Excess E&O Policy Not Triggered After Exhaustion Of Primary Policy, Where There Is At Least Potential For Coverage Under Separate D&O Policy
By William Knauss on
The United States District Court for the District of Kansas, applying Kansas law, has held that an excess E&O policy was not triggered where coverage…
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Insurer Could Not Assert Late Notice Defense Because Letter from Department of Labor Did Not Allege a “Fiduciary Claim” for a “Wrongful Act”
By Jessica N. Gallinaro on
Applying Iowa law, a federal district court has held that an insured’s failure to give notice of a letter seeking information in connection with a…
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Third Circuit Finds Major Shareholder Exclusion Ambiguous as Applied to Company Acquiring All of Insured’s Stock after Policy Period
By Ashley-Anne L. Criss on
Posted in Insured v. Insured Exclusion, Loss
The United States Court of Appeals for the Third Circuit, applying Delaware law, has held that a D&O policy’s Major Shareholder Exclusion, barring claims brought against the insured entity by a company owning five percent or more of the entity, was ambiguous as applied to a company acquiring one hundred percent of the insured’s stock after the policy period. EMSI Acquisition, Inc. v. RSUI Indem. Co., 2019 WL 4511948 (3d Cir. Sept. 19, 2019). The court also rejected the insurer’s argument that the insured’s settlement with the acquiring company did not constitute “Loss” under the policy.
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