Executive Summary Blog

Executive Summary Blog

Legal developments affecting professional liability insurers

Tag Archives: Nevada

No Coverage for Wrongful Death Suit after a Doctor’s Guilty Plea in Criminal Action

Posted in Breach of Contract – coverage for amounts due pursuant to contract, exclusions, Professional Services
The United States District Court for Nevada, applying Nevada law, has held that an insurer had no duty to defend or indemnify in a wrongful death suit where a plea agreement in a related criminal action satisfied the willful violation of statute exclusion in a doctor’s professional liability policy.  Nat’l Fire & Marine Ins. Co.… Continue Reading

Prior Favorable Coverage Determination is Evidence of Good Faith

Posted in Bad Faith, Breach of Contract
The United States District Court for the District of Nevada, applying Nevada law, has held that the court’s prior favorable coverage determination was evidence that an insurer did not act in bad faith when refusing to defend or provide coverage under a policy.  My Left Foot Children’s Therapy, LLC v. Certain Underwriters at Lloyd’s London,… Continue Reading

Charter School’s Notice of Closure Constitutes a “Claim” First Made Before the Policy Period

Posted in “Claim”
Applying Nevada law, the United States District Court for the District of Nevada has held that an insurer did not owe coverage to its insured charter school because a “Notice of Closure” constituted a “claim” first made before the policy period.  Argent Preparatory Acad. f/k/a Silver State Charter Sch. v. Philadelphia Indem. Ins. Co., 2019… Continue Reading

Court Rules that “Direct Means Direct” in Crime Policy, Rejecting Proximate Cause Analysis

Posted in Cyber Policies and Issues
A Nevada federal district court has applied the “direct means direct” rule to conclude that losses an insured suffered from payment card chargebacks when certain employees made fraudulent charges on customers’ payment cards were only the “indirect” result of employee theft, and therefore not covered under the insured’s commercial crime policy.  CP Food & Beverage,… Continue Reading

Second Circuit Affirms Judgment That Insured v. Insured Exclusion Bars Coverage After Jury Finds Plaintiff Was Duly Elected or Appointed as a Director

Posted in Insured v. Insured Exclusion
Applying both New York and Nevada law, the United States Court of Appeals for the Second Circuit has held that an insurer correctly denied coverage under its directors and officers liability policy based on the insured v. insured exclusion.  Intelligent Digital Sys. L.L.C. et al. v. Beazley Ins. Co., 2017 WL 4127540 (2d Cir. Sept.… Continue Reading

No Coverage for Lawyer’s Alleged Self-Dealing

Posted in Personal Profit/Advantage exclusion
The United States Court of Appeals for the Ninth Circuit has affirmed a decision in favor of an insurer, holding that the business enterprise and trust exclusions in a lawyers professional liability policy barred coverage for a suit alleging self-dealing by the insured attorney and his firm. Christensen v. Darwin Nat’l Assurance Co., No. 14-15914… Continue Reading