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WARN Act Exclusion Bars Coverage for Breach of Fiduciary Duty Lawsuit
WARN Act Exclusion Bars Coverage for Breach of Fiduciary Duty Lawsuit

The United States District Court for the Northern District of California, applying California law, has held that an exclusion barring coverage “in connection with a Claim” for violation of the WARN Act barred coverage for a lawsuit alleging breach of fiduciary duty against a company’s officers and directors for causing a mass layoff in violation of the WARN Act.  Adelman v. U.S. Specialty Ins. Co., 2021 WL 6427920 (N.D. Cal. Nov. 17, 2021)

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Insured Barred From Settling Without Insurer’s Consent Absent Breach of Duty to Defend But Insurer Must Exercise Good Faith in Settlement Negotiations
Insured Barred From Settling Without Insurer’s Consent Absent Breach of Duty to Defend But Insurer Must Exercise Good Faith in Settlement Negotiations
Policy Requires Allocation of Defense Costs Based Upon Parties’ Relative Legal Exposure
Policy Requires Allocation of Defense Costs Based Upon Parties’ Relative Legal Exposure
Law Firm’s Misrepresentations in Insurance Application Warrant Recission Under Utah Statute
Law Firm’s Misrepresentations in Insurance Application Warrant Recission Under Utah Statute
Excess “Other Insurance” Provision Does Not Relieve Insurer’s Duty to Defend
Excess “Other Insurance” Provision Does Not Relieve Insurer’s Duty to Defend
California Court Finds Insolvency Exclusion Ambiguous, Limits Application to Insolvency of Third Parties Other Than Claimant
California Court Finds Insolvency Exclusion Ambiguous, Limits Application to Insolvency of Third Parties Other Than Claimant
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
Court Rules that EEOC Charge for Retaliation Based on Prior Charge for Discrimination Is Separate Claim
Court Rules that EEOC Charge for Retaliation Based on Prior Charge for Discrimination Is Separate Claim
Sixth Circuit Holds E&O Policy’s ERISA Exclusion Bars Coverage for Claims Against Trustee of Employee Stock Ownership Program
Sixth Circuit Holds E&O Policy’s ERISA Exclusion Bars Coverage for Claims Against Trustee of Employee Stock Ownership Program
On Motion for Reconsideration, Southern District of New York Holds that Late-Notice Defense as to Claims-Made-And-Reported Policies Cannot Be Waived
On Motion for Reconsideration, Southern District of New York Holds that Late-Notice Defense as to Claims-Made-And-Reported Policies Cannot Be Waived
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