Executive Summary Blog

Executive Summary Blog

Legal developments affecting professional liability insurers

Tag Archives: Kansas

Excess E&O Policy Not Triggered After Exhaustion Of Primary Policy, Where There Is At Least Potential For Coverage Under Separate D&O Policy

Posted in Cooperation, Excess insurance/exhaustion, Other Insurance
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 under a potentially responsive D&O policy had not yet been resolved.  Bedivere Ins. Co. v. Blue Cross & Blue Shield of Kansas, Inc., 2019 WL 4752051 (D. Kan. Sept. 30,… Continue Reading

Computer Fraud Claim Triggers Insurer’s Duty to Pay Defense Costs Despite “Gravamen” of Litigation Involving Excluded Misappropriation Claims

Posted in Allocation
The Superior Court of the State of Delaware, applying Delaware and Kansas law, has held that an insurer owed a duty to pay defense costs under a directors and officers liability policy for a lawsuit primarily alleging the misappropriation of trade secrets, despite a misappropriation exclusion, on the basis that the underlying complaint asserted a… Continue Reading

Insurer Potentially Liable for Failing to Initiate Settlement Discussions

Posted in Bad faith/duty to settle, Exclusions
The U.S. District Court for the District of Kansas, applying Kansas law, has held that fact questions regarding application of an investment advising exclusion in a professional liability policy preclude summary judgment. Bridgebuilder Tax + Legal Servs. v. Torus Specialty Ins. Co., 2017 WL 6342229 (D. Kan. Dec. 12, 2017). The court also indicated that… Continue Reading