Posts tagged New York.
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
New York Federal Court Holds Prior Knowledge Exclusion Applies Only to Known Claims, Not Facts and Circumstances That Could Lead to a Claim
New York Federal Court Holds Prior Knowledge Exclusion Applies Only to Known Claims, Not Facts and Circumstances That Could Lead to 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
Lawsuits by Two Employees Alleging Retaliation and Discrimination Arise From Interrelated Wrongful Acts
Lawsuits by Two Employees Alleging Retaliation and Discrimination Arise From Interrelated Wrongful Acts
Bodily Injury Exclusion in E&O Policy Bars Coverage Under New York Law
Bodily Injury Exclusion in E&O Policy Bars Coverage Under New York Law
Coverage for Shareholder Actions Not Barred by Prior Acts Exclusion
Coverage for Shareholder Actions Not Barred by Prior Acts Exclusion
Relying on Insolvency Exclusion, Second Circuit Finds That D&O Insurer Not Required to Defend Professional Manager Overseeing Operations of Distressed Company That Filed for Chapter 7 Bankruptcy
Relying on Insolvency Exclusion, Second Circuit Finds That D&O Insurer Not Required to Defend Professional Manager Overseeing Operations of Distressed Company That Filed for Chapter 7 Bankruptcy
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
Insured Cannot Block Coverage For Settlement By Another Insured Based On Consent and Cooperation Provisions in D&O Policy
Insured Cannot Block Coverage For Settlement By Another Insured Based On Consent and Cooperation Provisions in D&O Policy
No Coverage for SEC Investigation of Insured Company
No Coverage for SEC Investigation of Insured Company
Second Circuit Affirms Ruling That Excess D&O Insurer Is Not Required to Advance Defense Costs
Second Circuit Affirms Ruling That Excess D&O Insurer Is Not Required to Advance Defense Costs
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
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
Coverage Barred by Related Claim Made Prior to Policy Period and Prior Knowledge Exclusion
Coverage Barred by Related Claim Made Prior to Policy Period and Prior Knowledge Exclusion
Insurer With Excess “Other Insurance” Clause Owes No Defense Obligations
Insurer With Excess “Other Insurance” Clause Owes No Defense Obligations
New York Statutory Remedy Limited to a Single Policy Period
New York Statutory Remedy Limited to a Single Policy Period
Second Circuit Affirms No Duty to Defend Claims Against Construction Firm Outside the Scope of Professional Liability Coverage
Second Circuit Affirms No Duty to Defend Claims Against Construction Firm Outside the Scope of Professional Liability Coverage
Appealed Trial Court Conviction Qualifies as “Final Adjudication”
Appealed Trial Court Conviction Qualifies as “Final Adjudication”
Over $141 Million in Trading Losses for Illegal Trade Deemed “Direct Financial Loss” for “Malicious Act”
Over $141 Million in Trading Losses for Illegal Trade Deemed “Direct Financial Loss” for “Malicious Act”
Failure to Plead Compliance with Condition Precedent Held Fatal to Declaratory Judgment Action
Failure to Plead Compliance with Condition Precedent Held Fatal to Declaratory Judgment Action
Lawyers Professional Liability Policy Does Not Cover Non-Insured Construction Management Company; Insurer Justified in Requesting Segregated Invoices
Lawyers Professional Liability Policy Does Not Cover Non-Insured Construction Management Company; Insurer Justified in Requesting Segregated Invoices
Southern District of New York Holds Multiple Lawsuits Alleging Different Instances of Fraud Constitute Single Related Claim
Southern District of New York Holds Multiple Lawsuits Alleging Different Instances of Fraud Constitute Single Related Claim
On Motion for Reconsideration, Southern District of New York Holds that Late-Notice Defense as to Claims-Made-And-Reported Policies Cannot Be Waived
On Motion for Reconsideration, Southern District of New York Holds that Late-Notice Defense as to Claims-Made-And-Reported Policies Cannot Be Waived
$140 million SEC Disgorgement Payment Not a “Penalty” and Insurable Under New York Law
$140 million SEC Disgorgement Payment Not a “Penalty” and Insurable Under New York Law
Good Faith but Mistaken Denial of Coverage Does Not Support Bad Faith Claim or Consequential or Punitive Damages
Good Faith but Mistaken Denial of Coverage Does Not Support Bad Faith Claim or Consequential or Punitive Damages
D&O Insurer Has Duty to Defend Where Counterclaim Allegations Against Directors Arguably Involve Insured Capacity
D&O Insurer Has Duty to Defend Where Counterclaim Allegations Against Directors Arguably Involve Insured Capacity
No Coverage for Lawsuit Based Only on Insured Law Firm’s Business Decisions
No Coverage for Lawsuit Based Only on Insured Law Firm’s Business Decisions
SEC Investigation of Company Not a “Claim” or “Securities Claim”
SEC Investigation of Company Not a “Claim” or “Securities Claim”
New York Insurance Law Does Not Preclude Enforcement of Claims-Made-and-Reported Policy’s Notice Requirements
New York Insurance Law Does Not Preclude Enforcement of Claims-Made-and-Reported Policy’s Notice Requirements
Insured Failed to Timely Report Grievance Letter as 'Professional Claim,' But Insurer’s Late Notice Denial Waived By Seven-Month Delay
Insured Failed to Timely Report Grievance Letter as 'Professional Claim,' But Insurer’s Late Notice Denial Waived By Seven-Month Delay
Joint Venture Qualifies as a 'Subsidiary' Where Insured Holds Partial Economic Interest But 100% of Voting Rights
Joint Venture Qualifies as a 'Subsidiary' Where Insured Holds Partial Economic Interest But 100% of Voting Rights
Run-Off Endorsement Bars Coverage for “False Filings” Made in Connection with Construction Projects for State Agencies
Run-Off Endorsement Bars Coverage for “False Filings” Made in Connection with Construction Projects for State Agencies
Insurer Waived Right to Assert Policy Exclusion First Raised in Answer to Declaratory Judgment Complaint
Insurer Waived Right to Assert Policy Exclusion First Raised in Answer to Declaratory Judgment Complaint
Insured v. Insured Exclusion Held Not to Bar Action Brought by Creditor Trust
Insured v. Insured Exclusion Held Not to Bar Action Brought by Creditor Trust
Prior Knowledge Exclusions Apply Where Insured Received Three Letters from Potential Claimants and Issued Two Litigation Holds Before Policy Incepted
Prior Knowledge Exclusions Apply Where Insured Received Three Letters from Potential Claimants and Issued Two Litigation Holds Before Policy Incepted
No Coverage for Related Claims Reported After Policy Period During Which Claim Was First Made
No Coverage for Related Claims Reported After Policy Period During Which Claim Was First Made
Alleged Violations of Fair Labor Standards Act and New York Labor Law Not “Wrongful Acts” Under Employment Practices Liability Policy
Alleged Violations of Fair Labor Standards Act and New York Labor Law Not “Wrongful Acts” Under Employment Practices Liability Policy
Insurer Required to Defend and Provide Independent Counsel for Potentially Covered Claims
Insurer Required to Defend and Provide Independent Counsel for Potentially Covered Claims
Subpoena Not a 'Claim' When Issued in Litigation Not Involving Insured’s Professional Services
Subpoena Not a 'Claim' When Issued in Litigation Not Involving Insured’s Professional Services
Delaware Supreme Court Holds Trustee Action Alleging Breach of Fiduciary Duty, Unlawful Dividend, and Fraudulent Transfer Is Not a “Securities Claim”
Insurer Did Not Breach Any Duty to Insured Where Payment of Defense Costs Exhausted Policy Limit
Third Party’s Breach of Contract Claim Against Broker Survives Motion to Dismiss
Insurer Must Defend Insured in Claim Alleging Use of Counterfeit Materials Because “Professional Services” Definition Was Ambiguous and No Exclusion Barred Coverage
Warranty Precludes Coverage for SEC Action Under Excess Policy
Disgorgement of Profits Realized by Insured’s Customers is a Penalty, Not Insurable Loss
Prior and Pending Litigation Exclusion Does Not Apply Where Insurer Cannot Establish Facts Alleged in Later Investigation Were “Underlying” Prior Investigation
Settlement Payments Not Uninsurable Disgorgement Where Not Conclusively Linked To Improperly Acquired Funds
Appeals Court Holds that Computer Fraud Policy Covers Spoofing Attack
Four Claims Regarding Same Appraisal Methodology Are Covered but Related and Therefore Confined to One Policy Year
Two Exclusions Bar Coverage under Cyber Policy for TCPA Claim
Civil Conspiracy Triggers Dishonesty Exclusion
Ninth Circuit Holds Excess Policy Unambiguously Required Exhaustion of Underlying Limits by Insurers Under Either New York or California Law
Insurer Entitled to Rescind Policy Where Insured Law Firm Made Material Misrepresentations in Application
Unambiguous Claims-Made-and-Reported Professional Liability Policy Bars Coverage for Late Noticed Claim
Text Messages Sent in Violation of TCPA Held to Implicate Professional Services Coverage
Notice of Accident Constitutes Timely “Claim” Based on Insurers’ Conduct
NY Court Rejects Disclosure-Only Shareholder Class Action Settlement
Eleventh Circuit Holds Prior Acts Exclusion Does Not Apply to Claim by FDIC Against Failed Bank
Second Circuit Affirms Judgment That Insured v. Insured Exclusion Bars Coverage After Jury Finds Plaintiff Was Duly Elected or Appointed as a Director
Fee Arrangement Exclusion Bars Coverage for Claims Arising from Alleged Force-Placed Insurance Scheme
SEC Subpoenas & Formal Investigative Order Are “Claims”
Computer Fraud Coverage Extends to Manipulation of External Email Server
Insurer’s Consent to Settle Not Required Following Effective Denial of Coverage
Bermuda Insurer Required to Post Bond to Compel Arbitration Against New York Insured
Second Circuit Upholds Trial Win for Insurer Rescinding Policy
Disgorgement Payment Is Insurable Loss Where Payment Did Not Disgorge Insured’s Own Profits, but Those of its Customers
Judgment Creditor Not Entitled to Policy Proceeds Where Insured Defaulted Without Insurer’s Consent
“Capacity Exclusion” Bars Coverage for Counterclaim Against Law Firm
“Employment-Related Wrongful Acts” Exclusion Bars Coverage for Wage Claims under D&O Policy
NY Appeals Court Holds FCRA Statutory Damages Are Covered Damages
Insurer Entitled to Rescind Policy for Insured’s Failure to Disclose Prior Losses
Architect’s Prior Knowledge Bars Coverage for Professional Liability Claim
Settlement of Class Actions for Allegedly Withheld Profits Not Disgorgement
Lead Underwriter’s Document Production Limits Scope of Following Market’s Production
Consent Judgment with Covenant Not to Execute Is Covered Loss
New York Court Finds Insured v. Insured Exclusion Ambiguous
Late Notice Bars Recovery of Claimant’s Unsatisfied Default Judgment under New York Statute
Professional Services Exclusion Precludes Duty to Indemnify but Not Duty to Advance Defense Costs
Wiley Rein Secures Favorable Outcome for Insurer in Jury Trial Related to Ponzi Scheme Coverage
Letter Asserting that State Government “May” Bring an Enforcement Action if Insured Did Not “Voluntarily” Cease a Particular Activity Is a Claim
Wiley Rein Overturns Adverse Verdict Against Insurance Broker
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