Executive Summary Blog

Executive Summary Blog

Legal developments affecting professional liability insurers

Tag Archives: Oklahoma

Insured Bears Burden of Establishing that Exception to Insured Versus Insured Exclusion Applies

Posted in Insured v. Insured Exclusion
The United States District Court for the Northern District of Illinois, applying Oklahoma law, has held that the insured bears the burden of demonstrating that an exception to an otherwise applicable exclusion applies to restore coverage.  World Water Works Holdings, Inc. v. Continental Cas. Co., 2019 WL 2576560 (N.D. Ill. June 24, 2019).… Continue Reading

Lawsuit Filed by Company Against Former Officer Does Not Trigger Employment Practices Liability Coverage

Posted in Defense Costs, Notice of Claim, Wrongful Act
The United States District Court for the District of Oklahoma has held that a lawsuit filed by a company against its former president did not implicate its policy’s Employment Practices Liability coverage because the lawsuit was not filed by or on behalf of an employee, as required by the policy.  Statton v. Allied World Specialty… Continue Reading

Tenth Circuit Finds Notice of Temporary Restraining Order Against Insured Did Not Constitute Proper Notice of Subsequent Lawsuit

Posted in Notice of Claim
The Tenth Circuit, applying Oklahoma law, has held that an insured’s notice of a temporary restraining order did not constitute sufficient notice of a subsequent lawsuit under a professional liability insurance policy.  Thames v. Evanston Ins. Co., 2016 WL 7228800 (10th Cir. Dec. 14, 2016).… Continue Reading

No Action Clause Does Not Bar Insured’s Duty to Defend/Bad Faith Claims Against Insurer

Posted in Bad Faith
The United States District Court for the Western District of Oklahoma has held that, under Oklahoma law, a policy’s “no action” clause does not apply to an insured’s breach of contract claims against its insurer premised on a breach of the duty to defend the underlying claim.  Wilbanks Securities Inc. v. Scottsdale Ins. Co., 2016… Continue Reading

Litigation Hold Letter Was Not a Claim

Posted in “Claim”
The United States District Court for the Western District of Oklahoma, applying Oklahoma law, has held that a litigation hold letter requesting that an insured preserve documents did not constitute a “claim” as defined by the excess liability policies at issue.  Colony Ins. Co. v. Chesapeake Energy Corp., 2016 WL 5416517 (W.D. Okla. Sept. 28,… Continue Reading