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No Coverage for Lawsuit Where “Claim” First Made at Time of Pre-Inception Tolling Agreement
No Coverage for Lawsuit Where “Claim” First Made at Time of Pre-Inception Tolling Agreement

In a win for Wiley’s client, a New York intermediate appellate court, applying New York law, has affirmed that no coverage is available for a legal malpractice lawsuit because the “claim” was first made before the policy’s inception when the underlying plaintiff requested a tolling agreement from the insured and independently because the prior knowledge condition precluded coverage. Allied World Assurance Co. (U.S.) Inc. v. Golenbock Eiseman Assor Bell & Peskoe, LLP, 2025 WL 793350 (N.Y. App. Div. 1st Dep’t Mar. 13, 2025).

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Court Holds that Contract Exclusion in EPL Policy Does Not Preclude Duty to Defend When Some Allegations Extend Beyond Employment Contract
Court Holds that Contract Exclusion in EPL Policy Does Not Preclude Duty to Defend When Some Allegations Extend Beyond Employment Contract
Exercise of Personal Jurisdiction Over Nonresident Insurers in Delaware Violates Due Process Where Action Does Not Arise Out of Insurers’ Contacts with State
Exercise of Personal Jurisdiction Over Nonresident Insurers in Delaware Violates Due Process Where Action Does Not Arise Out of Insurers’ Contacts with State
California Federal Court Holds Coverage Barred By Prior Notice Exclusion and Related Claims Provision
California Federal Court Holds Coverage Barred By Prior Notice Exclusion and Related Claims Provision
Electronic Data Exclusion Precludes Coverage for Payment Card Data Breach
Electronic Data Exclusion Precludes Coverage for Payment Card Data Breach
New Jersey Appellate Court Affirms Rescission of Policies Based on Law Firm’s Misrepresentation in Applications
New Jersey Appellate Court Affirms Rescission of Policies Based on Law Firm’s Misrepresentation in Applications
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
Emotional Distress Damages Without Physical Injury Insufficient to Support Direct Claim Against Insurer Under California Statute
Emotional Distress Damages Without Physical Injury Insufficient to Support Direct Claim Against Insurer Under California Statute
Eleventh Circuit Holds that Claims Pre-Date Policy, Sidesteps Rescission Issue
Eleventh Circuit Holds that Claims Pre-Date Policy, Sidesteps Rescission Issue
Illinois Appellate Court Holds Interrelated Wrongful Acts Provision and Prior and Pending Litigation Exclusion Bar Coverage
Illinois Appellate Court Holds Interrelated Wrongful Acts Provision and Prior and Pending Litigation Exclusion Bar Coverage
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