By Matthew W. Beato on Posted in Professional ServicesA Louisiana federal court has held that settlement of a False Claims Act investigation did not trigger the insuring agreement of a bankers professional liability policy because the claim was not made by a third-party client for acts in rendering or failing to render professional services. Iberiabank Corp. v. Ill. Union Ins. Co., 2019 WL… Continue Reading
By Emily S. Hart on Posted in Bad faith/duty to settle,Notice of ClaimThe Supreme Court of Delaware has held that under Delaware law, the three-year statute of limitations period applicable to a statutory bad faith action governed by Louisiana law commences when the insured could plead a prima facie case and was therefore barred. Homeland Ins. Co. of New York v. Corvel Corp., 2018 WL 6061261 (Del.… Continue Reading
By Ashley-Anne L. Criss on Posted in Breach of Contract – coverage for amounts due pursuant to contract, exclusionsApplying Louisiana law, a Louisiana court of appeals has held that a contractual liability exclusion in a directors and officers liability policy precluded coverage for an insured’s alleged tortious conduct on the basis that the torts would not have occurred “but for” an alleged breach of contract by the insured. Perniciaro v. McInnis, 2018 WL… Continue Reading
By Karen L. Toto on Posted in LossIn a win for Wiley Rein’s client, a Louisiana federal district court has held that an insurer has no duty to defend an attorney in an investigation that sought only sanctions, the return of legal fees, and other non-covered relief. Andry Law Group, LLC v. CNA Fin. Corp., 2018 WL 3642003 (E.D. La. Aug. 1,… Continue Reading
By Nathan Lovett on Posted in Notice of Claim,Related Claims and associated exclusionsThe Louisiana Court of Appeals has held that a claims-made policy affords coverage for a lawsuit filed before the policy period because an amended complaint alleging a new legal theory was filed during the policy period. Billeaudeau v. Opelousas Gen. Hosp. Auth., 2018 WL 1835510 (La. Ct. App. Apr. 18, 2018). The court also rejected… Continue Reading
By Margaret Thomas on Posted in “Claim”,Notice of ClaimA Louisiana appellate court, applying Louisiana law, has held that an initial inquiry letter from the Louisiana Attorney Disciplinary Board, Office of the Disciplinary Counsel received by a lawyer constituted a “Disciplinary Proceeding” under a lawyer’s professional liability policy, triggering an insured’s notice obligations under the policy. Trelles v. Continental Cas. Co., 2017 WL 658249… Continue Reading
By on Posted in “Claim”,Related Claims and associated exclusionsThe Court of Appeal of Louisiana, applying Louisiana law, has held that a class arbitration claim that was covered under an errors and omissions policy was not “related” under the policy’s related claim provision to two earlier contractual demands for indemnity and workers compensation first made prior to the policy period. Williams v. SIF Consultants… Continue Reading
By Leland H. Jones, IV on Posted in Professional ServicesIn a win for an insurer represented by Wiley Rein, the United States Court of Appeals for the Fifth Circuit, applying Louisiana law, has held that a lawyers professional liability policy afforded no coverage for a suit alleging no act or omission by the insured in providing legal services. Edwards v. Continental Cas. Co., 2016… Continue Reading
By Leland H. Jones, IV on Posted in RescissionApplying Louisiana law, the United States District Court for the Western District of Louisiana has held that an insurer cannot rescind a fidelity bond issued to a bank because it could not prove as a matter of law that the bank intended to deceive the insurer. Everest Nat’l Ins. Co. v. Tri-State Bancshares, Inc., No.… Continue Reading
By Jessica N. Gallinaro on Posted in Notice of ClaimThe United States District Court for the Middle District of Louisiana has held that claims-made-and-reported policies do not violate a Louisiana statute that prohibits insurance contracts from limiting the insured’s right of action against the insurer to a period of less than one year from the time when the cause of action accrues, because claims-made-and-reported… Continue Reading
By Leland H. Jones, IV on Posted in Allocation,Defense CostsApplying Louisiana law, the United States District Court for the Eastern District of Louisiana has held that an allocation provision in a duty to defend policy allowed an insurer to allocate defense costs between covered and non-covered causes of action. Housing Auth. of New Orleans v. Landmark Ins. Co., 2016 WL 772649 (E.D. La. Feb.… Continue Reading
