Posts tagged “Claim”.
Eleventh Circuit Holds that Claims Pre-Date Policy, Sidesteps Rescission Issue
Eleventh Circuit Holds that Claims Pre-Date Policy, Sidesteps Rescission Issue
No Coverage Under Primary Policy for Potential Claim Reported During Extended Reporting Period or Under Excess Policy Based on Applicability of “Retroactive Date” Exclusion
No Coverage Under Primary Policy for Potential Claim Reported During Extended Reporting Period or Under Excess Policy Based on Applicability of “Retroactive Date” Exclusion
Federal Court Determines Individual’s Receipt of a Subpoena Does Not Establish the Existence of an Investigation of a Wrongful Act by the Recipient
Federal Court Determines Individual’s Receipt of a Subpoena Does Not Establish the Existence of an Investigation of a Wrongful Act by the Recipient
Costs to Respond to Third-Party Subpoena Do Not Constitute a Claim
Costs to Respond to Third-Party Subpoena Do Not Constitute a Claim
Second Circuit Finds Pre-Suit Letter Was a “Claim” and Remands for Determination of Whether Notice of Claim Was Timely
Second Circuit Finds Pre-Suit Letter Was a “Claim” and Remands for Determination of Whether Notice of Claim Was Timely
Threat of Bad Faith Does Not Constitute a “Claim” Under Insurance Company’s Professional Liability Policy
Threat of Bad Faith Does Not Constitute a “Claim” Under Insurance Company’s Professional Liability Policy
No E&O Coverage for Settlement of Illinois State Governmental Investigation
No E&O Coverage for Settlement of Illinois State Governmental Investigation
Second Circuit Determines Letter Threatening Litigation Constitutes a Claim First Made Prior to the Policy Period
Second Circuit Determines Letter Threatening Litigation Constitutes a Claim First Made Prior to the Policy Period
Delaware’s Supreme Court Addresses What Constitutes a “Claim for Damages”
Delaware’s Supreme Court Addresses What Constitutes a “Claim for Damages”
No Coverage for Wrongful Acts of Acquired Company Occurring Before Purchase
No Coverage for Wrongful Acts of Acquired Company Occurring Before Purchase
Breach of Contract Exclusion Bars Coverage for Judgment Rendered in Employment Dispute
Breach of Contract Exclusion Bars Coverage for Judgment Rendered in Employment Dispute
No Coverage for SEC Investigation of Insured Company
No Coverage for SEC Investigation of Insured Company
No Coverage for Lawsuit Served on Insured’s Registered Agent Prior to Policy Inception
No Coverage for Lawsuit Served on Insured’s Registered Agent Prior to Policy Inception
No Coverage for Lawsuit Where “Claim” First Made at Time of Tolling Agreement
No Coverage for Lawsuit Where “Claim” First Made at Time of Tolling Agreement
Lawsuit not a “Related Claim” to Earlier Demand Letter, but Policy Rescinded Based on Material Misrepresentations in Application
Lawsuit not a “Related Claim” to Earlier Demand Letter, but Policy Rescinded Based on Material Misrepresentations in Application
No Cyber Insurance Coverage for Vehicle Thefts Purchased Online Using Fake Identities
No Cyber Insurance Coverage for Vehicle Thefts Purchased Online Using Fake Identities
Insurer Has Duty to Defend BIPA Lawsuit Alleging Violation of Privacy in the Creation of Fingerprint Data
Insurer Has Duty to Defend BIPA Lawsuit Alleging Violation of Privacy in the Creation of Fingerprint Data
Fourth Circuit: Search Warrant Does Not Constitute a “Claim”
Fourth Circuit: Search Warrant Does Not Constitute a “Claim”
Eleventh Circuit Holds Filing of Charge with EEOC Constitutes An “Administrative Proceeding”
Eleventh Circuit Holds Filing of Charge with EEOC Constitutes An “Administrative Proceeding”
Insurer Must Show Prejudice to Deny Coverage for Untimely Notice Under Claims-Made Policy
Insurer Must Show Prejudice to Deny Coverage for Untimely Notice Under Claims-Made Policy
No Coverage Under Claims-Made Policy for Lawsuit Served on Registered Agent Before Policy Period
No Coverage Under Claims-Made Policy for Lawsuit Served on Registered Agent Before Policy Period
Despite Acceptance of Coverage by Primary Insurer, Excess Policy Bars Coverage for Claim Deemed Related Back to Prior Policy Period
Despite Acceptance of Coverage by Primary Insurer, Excess Policy Bars Coverage for Claim Deemed Related Back to Prior Policy Period
Prior Knowledge Exclusion Bars Coverage Because Failure to Comply With Statute of Limitations Could Reasonably Be Expected to Be the Basis of a Claim
Prior Knowledge Exclusion Bars Coverage Because Failure to Comply With Statute of Limitations Could Reasonably Be Expected to Be the Basis of a Claim
Amended Complaint Adding Allegations and Defendants Not an Independent Claim
Amended Complaint Adding Allegations and Defendants Not an Independent Claim
South Dakota Supreme Court Holds That Liquidator Can Make Claims for Coverage Up to Six Months After Expiration of Claims-Made Policy
South Dakota Supreme Court Holds That Liquidator Can Make Claims for Coverage Up to Six Months After Expiration of Claims-Made Policy
Exchange Offer Constitutes “an Offer to . . . Sell any Securities” of Insured Triggering Coverage for “Securities Claims” 
Exchange Offer Constitutes “an Offer to . . . Sell any Securities” of Insured Triggering Coverage for “Securities Claims” 
Court Requires Insurer Show Prejudice for Coverage Denial Where Notice of Claim Given After Reporting Window but Within Policy Period
Court Requires Insurer Show Prejudice for Coverage Denial Where Notice of Claim Given After Reporting Window but Within Policy Period
No Coverage Under Claims-Made Policy Where No 'Claim' Made Against Insured During Policy Period
No Coverage Under Claims-Made Policy Where No 'Claim' Made Against Insured During Policy Period
Negotiation of Severance Agreement with Employee Who Ended Affair With Company President Constitutes a Claim That Was Not Timely Reported Under EPL Policy
Negotiation of Severance Agreement with Employee Who Ended Affair With Company President Constitutes a Claim That Was Not Timely Reported Under EPL Policy
Insured v. Insured Exclusion Bars Coverage For Entirety of Suit Brought By Insureds and Non-Insureds
Insured v. Insured Exclusion Bars Coverage For Entirety of Suit Brought By Insureds and Non-Insureds
No Duty to Defend When Demand Letter Received Prior to Policy Period
No Duty to Defend When Demand Letter Received Prior to Policy Period
Delaware Superior Court Reaffirms That Appraisal Action Is Not A Claim For A Wrongful Act Under D&O Policy
Delaware Superior Court Reaffirms That Appraisal Action Is Not A Claim For A Wrongful Act Under D&O Policy
Attorney Communications Regarding Undisclosed Contamination Found to Constitute Late-Noticed “Claim” Under Professional Liability Policy
Attorney Communications Regarding Undisclosed Contamination Found to Constitute Late-Noticed “Claim” Under Professional Liability Policy
Kansas Federal Court Holds Notice-Prejudice Rule Inapplicable to Claims-Made Policies
Kansas Federal Court Holds Notice-Prejudice Rule Inapplicable to Claims-Made Policies
No Coverage Under Claims-Made Policy Where Insured Reported Alleged Injury, But No Claim Was Made, During the Policy Period
No Coverage Under Claims-Made Policy Where Insured Reported Alleged Injury, But No Claim Was Made, During the Policy Period
D&O Insurer Has Duty to Defend Wrongful Death Suit Because of “Discrepancy” Between Exclusions
D&O Insurer Has Duty to Defend Wrongful Death Suit Because of “Discrepancy” Between Exclusions
Insurer Owes Duty to Defend and Indemnify Nuisance Litigation
Insurer Owes Duty to Defend and Indemnify Nuisance Litigation
Ninth Circuit Holds Three Printing Errors Constitute Single Wrongful Act
Ninth Circuit Holds Three Printing Errors Constitute Single Wrongful Act
“Securities Claim” Exclusion Applied Where Notes Constituted a “Security” as Defined by the Securities Acts
“Securities Claim” Exclusion Applied Where Notes Constituted a “Security” as Defined by the Securities Acts
Email Expressing Intention to Discuss Settlement Constitutes “Claim”  
Email Expressing Intention to Discuss Settlement Constitutes “Claim”  
Insured’s False “Expression of Personal Belief or Opinion” Insufficient to Warrant Rescission of Policy 
Insured’s False “Expression of Personal Belief or Opinion” Insufficient to Warrant Rescission of Policy 
Montana Federal Court Holds that Notice-Prejudice Rule Does Not Apply to Claims-Made Policy
Montana Federal Court Holds that Notice-Prejudice Rule Does Not Apply to Claims-Made Policy
"Inadequate Consideration” Provision Bars Coverage for Securities Fraud Settlements
"Inadequate Consideration” Provision Bars Coverage for Securities Fraud Settlements
Delaware Superior Court Holds that Appraisal Actions Not Securities Claim “For a Wrongful Act”  
Delaware Superior Court Holds that Appraisal Actions Not Securities Claim “For a Wrongful Act”  
Arbitration Demand Letter Constitutes a Claim Requiring Timely Notice
Arbitration Demand Letter Constitutes a Claim Requiring Timely Notice
Single Lawsuit Comprised of Multiple “Claims”
Single Lawsuit Comprised of Multiple “Claims”
Coverage for Suit Arising from Settlement of Previous Litigation Not Barred by Prior and Pending Proceeding Exclusion
Coverage for Suit Arising from Settlement of Previous Litigation Not Barred by Prior and Pending Proceeding Exclusion
Multiple Lawsuits Arising Out of Employee’s Alleged Sexual Abuse of Multiple Children are “Single Claim” Under Claims-Made Policy
Multiple Lawsuits Arising Out of Employee’s Alleged Sexual Abuse of Multiple Children are “Single Claim” Under Claims-Made Policy
Ninth Circuit Holds Notice-Prejudice Rule Inapplicable to Claims-Made-And-Reported Policies
Ninth Circuit Holds Notice-Prejudice Rule Inapplicable to Claims-Made-And-Reported Policies
SEC Investigation of Company Not a “Claim” or “Securities Claim”
SEC Investigation of Company Not a “Claim” or “Securities Claim”
Lawsuit Filed After Expiration of Policy Period for Lawyer’s Negligent Drafting of His Own Trust Agreement Not Covered Under Claims-Made Professional Liability Policy
Lawsuit Filed After Expiration of Policy Period for Lawyer’s Negligent Drafting of His Own Trust Agreement Not Covered Under Claims-Made Professional Liability Policy
Lawsuits Concerning Same Housing Development Project Are Related Claims
Lawsuits Concerning Same Housing Development Project Are Related Claims
No Coverage for Lawsuit Alleging Same Circumstances Asserted in Email Received Prior to Policy Period
No Coverage for Lawsuit Alleging Same Circumstances Asserted in Email Received Prior to Policy Period
Pre-Policy Settlement Letter Deemed a “Claim,” Barring Coverage for Related Lawsuits
Pre-Policy Settlement Letter Deemed a “Claim,” Barring Coverage for Related Lawsuits
Texas Court Holds Late Notice Bars Coverage
Texas Court Holds Late Notice Bars Coverage
Government Subpoena Issued to Insured Company Not a “Claim” Against Individual Insured
Government Subpoena Issued to Insured Company Not a “Claim” Against Individual Insured
Question of Fact When “Claim” “First Made” Where Insured Allegedly Did Not Become Aware of Claim Until After Policy Period
Question of Fact When “Claim” “First Made” Where Insured Allegedly Did Not Become Aware of Claim Until After Policy Period
“Written Demand” Made Within a “Civil Proceeding” is Not a New Claim
“Written Demand” Made Within a “Civil Proceeding” is Not a New Claim
Pre-Policy Period Letters to Disqualified Counsel from Claimant’s New Attorney are Not a Claim or A Prior Incident that Could be the Basis for a Claim
Pre-Policy Period Letters to Disqualified Counsel from Claimant’s New Attorney are Not a Claim or A Prior Incident that Could be the Basis for a Claim
No Coverage for Claim Deemed First Made Prior to Inception of Policy Period
No Coverage for Claim Deemed First Made Prior to Inception of Policy Period
No Coverage for Judgment Premised on Same Facts Asserted in Suit Filed Prior to Policy Period
No Coverage for Judgment Premised on Same Facts Asserted in Suit Filed Prior to Policy Period
No Duty to Defend or Indemnify Lawsuit Overlapping With Prior EEOC Charge
No Duty to Defend or Indemnify Lawsuit Overlapping With Prior EEOC Charge
Declaratory Judgment Complaint Constitutes a Reportable Claim for a Wrongful Act; Subsequent Amended Complaint Adding Insured Defendants Not a Separate Claim
Declaratory Judgment Complaint Constitutes a Reportable Claim for a Wrongful Act; Subsequent Amended Complaint Adding Insured Defendants Not a Separate Claim
SEC Investigation Is a Claim First Made When Formal Order of Investigation Issues
SEC Investigation Is a Claim First Made When Formal Order of Investigation Issues
Lawsuit Arising Out of Three Design Errors is a Single “Claim,” and Prior Knowledge and Prior Notice Provisions Bar Coverage
Lawsuit Arising Out of Three Design Errors is a Single “Claim,” and Prior Knowledge and Prior Notice Provisions Bar Coverage
Concealment of Pending Lawsuits in Renewal Application Voids Policy
Concealment of Pending Lawsuits in Renewal Application Voids Policy
Delaware Supreme Court Holds Trustee Action Alleging Breach of Fiduciary Duty, Unlawful Dividend, and Fraudulent Transfer Is Not a “Securities Claim”
No Coverage for Criminal Investigation Where Claim Was Not Reported During Applicable Notice Period
Fifth Circuit: Late Notice of First Claim Bars Coverage for Related Claims
Failure to Report EEOC Charge Precludes Coverage for Interrelated Lawsuit
Letter to Insured Asserting Right to Patent Applications Constitutes a Claim Made Prior to D&O Policy Period
SEC Investigation Constitutes One Claim; Component Subpoenas Are Not Written Demands for Non-Monetary Relief
Run-Off Exclusion Precludes Coverage for OIG Subpoena
Charter School’s Notice of Closure Constitutes a “Claim” First Made Before the Policy Period
SEC’s Formal Order of Investigation Constitutes “Claim” First Made Before Policy Period
No Duty to Defend Under Claims-Made-and-Reported Policy Where Notice of Claim Given Nine Months After Cancellation
Letter Outlining Objections to Excessive Legal Fees Constitutes “Claim”
Pleading in Suit Between Medical Practice Partners Fails to Trigger Duty to Defend Under Employment Practices Liability Policy
Notice of Accident Constitutes Timely “Claim” Based on Insurers’ Conduct
No Coverage for Criminal Investigation Where Sealed Affidavit Identifying Insured as Target of Investigation Was Not Reported During Policy Period
Lack of Civil Lawsuit Precludes Duty to Defend, While Prior Knowledge Exclusion Bars Indemnity Coverage
Iowa Court Holds that Medical Record Request Does Not Constitute a “Claim”
Washington Court Holds that Statutory Notice of Intent to Sue Letter is Not a “Claim”
Letter Alleging Wrongful Termination and Seeking Reinstatement Constitutes a “Demand for Damages or Other Relief”
No Coverage Available Where Insured Fails to Provide Notice of Potential Claim During First Policy Period and Knew About, But Failed to Disclose, Potential Claim Prior to Second Policy Period
SEC Subpoenas & Formal Investigative Order Are Not “Claims” Alleging “Wrongful Acts”
Fee Arrangement Exclusion Bars Coverage for Claims Arising from Alleged Force-Placed Insurance Scheme
SEC Subpoenas & Formal Investigative Order Are “Claims”
Single Lawsuit Alleging Multiple Wrongful Acts Constitutes Single Claim
No E&O Coverage Where Insured Failed to Report Claim During Policy Period When It Was First Made
Separate Lawsuits Part of a Single Claim First Made Prior to Policy Period
“Non-Specific,” “Boiler-Plate” Notice of Potential Claim Insufficient as a Matter of Law
Insurer Not Estopped from Asserting Policy Defenses Where Insured Had Duty to Defend; Insured-v.-Insured Exclusion Does Not Bar Coverage for Claims by Former Shareholders
Insured’s Failure to Provide Notice of Demand Letter Precludes Coverage for Related Lawsuit Noticed in Subsequent Policy Period
Initial Inquiry Letter from Office of Disciplinary Counsel Constitutes “Disciplinary Proceeding,” Triggering Notice Obligation
Claims Not Related When Prior Demands Would Not Have Been Covered
Court Finds EEOC Charge and Subsequent Lawsuit to Be Two Separate Claims Under Claims-Made Policy
Architect’s Prior Knowledge Bars Coverage for Professional Liability Claim
Eleventh Circuit Finds Claims to be Related Even Though They Are Based on Different Legal Theories
Litigation Hold Letter Was Not a Claim
No Coverage Available for Lawsuit Served on Insured after End of Extended Reporting Period
Absent Prejudice, Untimely Notice Does Not Preclude Coverage if Notice Provided During Renewal Policy Period
Coverage Not Illusory Where Coverage is Unavailable for Claims Failing to Satisfy a Claims-Made-and-Reported Policy’s Requirements
Contract Exclusion Applies Where Insured Assumes Liability of a Third Party
Statutory Request for Insurance Information Is Not a Claim
Prior Acts Date Limits Insurer’s Liability for Underlying Judgment
Due to Lack of Notice, E&O Carrier Has No Duty to Indemnify Insured Auto Insurer’s Settlement Payment Stemming from Bad Faith Claim
No Coverage for Related Claims Where Insured Received Third-Party Indemnification
Contract and Willful Acts Exclusions Do Not Preclude Duty to Defend Tortious Interference and Copyright Infringement Claims
Letter Asserting that State Government “May” Bring an Enforcement Action if Insured Did Not “Voluntarily” Cease a Particular Activity Is a Claim
Letter Seeking Disbursement of Funds Pursuant to Agreement Was Not “Claim”
Environmental Claims Arose from Prior Orders and Deemed Not First Made During Relevant Policy Period
Coverage for DOJ Investigation Not Barred Because No Way to Determine Whether There Was Substantial Overlap with Earlier Lawsuits
Even Without Express Demand for Money, Pre-Policy Period Letter is a “Claim”
Fifth Circuit Holds That Amended Complaints Relate Back to Original Complaint That Sought Only Injunctive Relief
Spreadsheet Listing Asserted Damages is a “Claim”
Insurer Has Duty to Defend Cross-Claims Against Members of Homeowners’ Association
No Coverage for a Lawsuit Filed Two Years after the Expiration of a Claims-Made-and-Reported Policy
Claim First Made After Policy Period But During Extended Reporting Period Does Not Trigger Coverage Under Claims-Made-And-Reported Policy
No Duty to Defend Where Insured Received Demand Prior to Policy’s Inception
Unserved Qui Tam Complaint Does Not Satisfy “Claim First Made” Requirement of Claims-Made Policy
Federal District Court Concludes No Coverage for Untimely Claim
No Coverage Under Claims-Made-and-Reported Policies for Claims Not Timely Reported
Insurer Has Duty to Defend under Claims-Made Policy Where Insured Potentially Received Notice of the Claim During the Policy Period
No Coverage for Suit Based on Unreported Demand Made in Prior Policy Period
No Rescission of Renewal Policy Where Original Application Not Incorporated into Application for Renewed Policy
Notice of Violation Alleging Refusal to Tender Benefits Owed Constitutes a “Claim”
Communications Stating That Insured May Be Liable For Damages Constitute a “Claim”
Criminal Indictment Constitutes Related Claim to Letter from State Attorney General
Consecutively Issued Renewal Policies Do Not Create a Continuous Reporting Period
Prejudice Showing Required for Late Notice Defense under Claims-Made-and-Reported Policy
Malpractice Suit Related Back to Claim for Compensation from Client Security Fund
Amended Complaints Relate Back to Original Complaint That Sought Only Injunctive Relief
Policies Afford No Coverage for Litigation Arising Out of Unreported Demand Letter
Medical Records Request Not a “Claim”
Undefined Term “Claim” in a Claims-Made-and-Reported Policy Means a Demand for Relief or Damages
Notice Six Months Late Was Not “As Soon As Practicable”; No Prejudice Showing Required Under Claims-Made Policy
A Civil Contempt Proceeding Is Part of the Same “Claim” as the Underlying Civil Action from Which It Arises
Podcast: What Insurers Should Know About Bad Faith Claims in Florida
Criminal Information Seeking Forfeiture Not a “Claim”
Emails Demanding to Be “Made Whole” Constitute “Claims”
Wiley Executive Summary

Sign up for updates

Wiley Rein LLP Cookie Preference Center

Your Privacy

When you visit our website, we use cookies on your browser to collect information. The information collected might relate to you, your preferences, or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. For more information about how we use Cookies, please see our Privacy Policy.

Strictly Necessary Cookies

Always Active

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Functional Cookies

Always Active

Some functions of the site require remembering user choices, for example your cookie preference, or keyword search highlighting. These do not store any personal information.

Form Submissions

Always Active

When submitting your data, for example on a contact form or event registration, a cookie might be used to monitor the state of your submission across pages.

Performance Cookies

Performance cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek