Posts tagged Prior Knowledge/Warranty Exclusion.
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
Law Firm Had Duty to Report Omission, Even Though Clients Promised Not to Sue
Law Firm Had Duty to Report Omission, Even Though Clients Promised Not to Sue
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
No Coverage for Malpractice Suit Where Insured Misrepresented Prior Knowledge of Potential Claim
No Coverage for Malpractice Suit Where Insured Misrepresented Prior Knowledge of Potential Claim
Prior Knowledge Provision Precludes Coverage for Known Sexual Assault Under Either an Objective or Subjective Standard
Prior Knowledge Provision Precludes Coverage for Known Sexual Assault Under Either an Objective or Subjective Standard
No Coverage for Claims arising from Billing Practices under Professional Liability Policy
No Coverage for Claims arising from Billing Practices under Professional Liability Policy
Insurer Must Show that Reasonable Insured Would Have Concluded that Potential Claim Could Arise from Ongoing Investigation in Order to Apply Prior Knowledge Exclusion
Insurer Must Show that Reasonable Insured Would Have Concluded that Potential Claim Could Arise from Ongoing Investigation in Order to Apply Prior Knowledge Exclusion
Warranty Exclusion Bars Coverage for Demand Letter Referencing SEC Lawsuit Alleging Fraud by Insured Prior to Warranty Date
Warranty Exclusion Bars Coverage for Demand Letter Referencing SEC Lawsuit Alleging Fraud by Insured Prior to Warranty Date
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
Lawsuit not a “Related Claim” to Earlier Demand Letter, but Policy Rescinded Based on Material Misrepresentations in Application
Lawsuit not a “Related Claim” to Earlier Demand Letter, but Policy Rescinded Based on Material Misrepresentations in Application
Material Misrepresentations on Application and Prior Knowledge Preclude Professional Liability Coverage for Behavioral Health Center
Material Misrepresentations on Application and Prior Knowledge Preclude Professional Liability Coverage for Behavioral Health Center
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
Claims Arising from Undisclosed Circumstances Barred by Exclusion in Application
Claims Arising from Undisclosed Circumstances Barred by Exclusion in Application
Insurer Deemed to Waive Right to Rescind but Commingling Exclusion Bars Coverage for Claims Against “Innocent” Insureds
Insurer Deemed to Waive Right to Rescind but Commingling Exclusion Bars Coverage for Claims Against “Innocent” Insureds
Prior Knowledge Exclusion Bars Coverage Because Failure to Comply With Statute of Limitations Could Reasonably Be Expected to Be the Basis of a Claim
Prior Knowledge Exclusion Bars Coverage Because Failure to Comply With Statute of Limitations Could Reasonably Be Expected to Be the Basis of a Claim
Warranty Letter Bars Coverage for Claim Against Chief Legal Officer Arising From CEO’s Alleged Fraud
Warranty Letter Bars Coverage for Claim Against Chief Legal Officer Arising From CEO’s Alleged Fraud
No Duty to Defend When Demand Letter Received Prior to Policy Period
No Duty to Defend When Demand Letter Received Prior to Policy Period
Insurer May Rescind Policy and Recoup Defense Costs Based on Insured’s Failure to Disclose Known Potential Claim
Insurer May Rescind Policy and Recoup Defense Costs Based on Insured’s Failure to Disclose Known Potential Claim
Prior Knowledge Exclusion Bars Coverage for Entire Lawsuit Alleging Multiple Instances of Wrongdoing
Prior Knowledge Exclusion Bars Coverage for Entire Lawsuit Alleging Multiple Instances of Wrongdoing
Single Lawsuit Comprised of Multiple “Claims”
Single Lawsuit Comprised of Multiple “Claims”
Ninth Circuit Holds Notice-Prejudice Rule Inapplicable to Claims-Made-And-Reported Policies
Ninth Circuit Holds Notice-Prejudice Rule Inapplicable to Claims-Made-And-Reported Policies
Prior Knowledge Provisions Barred Coverage for Malpractice Claim Based on Pre-Policy Sanctions and Default Judgment
Prior Knowledge Provisions Barred Coverage for Malpractice Claim Based on Pre-Policy Sanctions and Default Judgment
Disclosure of False Claims Act Investigation Not Required by Policy Application Questions
Disclosure of False Claims Act Investigation Not Required by Policy Application Questions
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
Fact Issues Preclude Summary Judgment on Prior Knowledge Exclusion
Fact Issues Preclude Summary Judgment on Prior Knowledge Exclusion
Pre-Policy Period Letters to Disqualified Counsel from Claimant’s New Attorney are Not a Claim or A Prior Incident that Could be the Basis for a Claim
Pre-Policy Period Letters to Disqualified Counsel from Claimant’s New Attorney are Not a Claim or A Prior Incident that Could be the Basis for a Claim
No Duty to Defend or Indemnify Lawsuit Overlapping With Prior EEOC Charge
No Duty to Defend or Indemnify Lawsuit Overlapping With Prior EEOC Charge
“Known Loss” Provision Bars Coverage for Lawsuit Threatened in Pre-Policy Period Cease and Desist Letter
“Known Loss” Provision Bars Coverage for Lawsuit Threatened in Pre-Policy Period Cease and Desist Letter
Vague Allegations Did Not Trigger Prior Knowledge Condition at Duty-to-Defend Stage
Vague Allegations Did Not Trigger Prior Knowledge Condition at Duty-to-Defend Stage
Lawsuit Arising Out of Three Design Errors is a Single “Claim,” and Prior Knowledge and Prior Notice Provisions Bar Coverage
Lawsuit Arising Out of Three Design Errors is a Single “Claim,” and Prior Knowledge and Prior Notice Provisions Bar Coverage
Concealment of Pending Lawsuits in Renewal Application Voids Policy
Concealment of Pending Lawsuits in Renewal Application Voids Policy
No Coverage Because of Late Notice and Undisclosed Prior Knowledge of Claim
Insured’s Subjective Belief Regarding Likelihood of Being Sued Irrelevant to Prior Knowledge Analysis Under Pennsylvania Law
Warranty Precludes Coverage for SEC Action Under Excess Policy
Prior Knowledge Exclusion Does Not Require Absolute Certainty of Future Claim
Specific Litigation Exclusion Bars Coverage for Separate Proceeding Involving Same Conduct in Allegedly Oversupplying “Pill Mills”
Court Holds Prior Acts Exclusion Bars Coverage for Securities Lawsuit
Collateral Estoppel Bars Relitigation of Issues Bearing on Prior Knowledge of Potential Claim
Four Claims Regarding Same Appraisal Methodology Are Covered but Related and Therefore Confined to One Policy Year
No Coverage Due to Material Misrepresentation on Insurance Application Based on Totality of Circumstances
Prior Knowledge Exclusion in Application Bars Coverage for Undisclosed Claim that Led to Litigation
Letter Advising Insured Attorney to Put Carrier on Notice Does Not Make Subsequent Claim Foreseeable
Lack of Civil Lawsuit Precludes Duty to Defend, While Prior Knowledge Exclusion Bars Indemnity Coverage
Prior Knowledge Condition Bars Coverage Where Insured was Warned of Negligence Claim Before Policy Incepted
No Coverage Available Where Insured Fails to Provide Notice of Potential Claim During First Policy Period and Knew About, But Failed to Disclose, Potential Claim Prior to Second Policy Period
Pre-Inception Tolling Agreement and Agency Notice of Potential Statutory Violations Insufficient for Judgment on the Pleadings on Prior Knowledge Provision
Prior Knowledge Exclusion Bars Coverage for Claim Against Insured Attorney
Court Grants Summary Judgment to Insurer Based on Failure to Disclose Prior Claims in Application
An Insured’s Prior Knowledge Precludes Coverage for Other Insureds Seeking Coverage; Prior Litigation Exclusion Applies to Arbitration Demand
Lack of Prior Knowledge of Claim a Condition Precedent to Coverage
Multiple Clients’ Claims Against Accountant Deemed Related and Subject to Lower Limit of Liability Due to Insureds’ Prior Knowledge of One Client’s Claim
Architect’s Prior Knowledge Bars Coverage for Professional Liability Claim
Subjective Standard Applies to Rescission of E&O Policy Based on Response to Application Question
No Coverage for Claims Arising Out of Attorney’s Theft of Client Funds Before Policy Period
Insured Lawyers’ Material Misrepresentations Warrant Rescission and Coverage also Barred by Prior Knowledge Exclusion
Fact Issues Regarding “Relatedness of Claims” Preclude Motion for Judgment on the Pleadings
Prior Knowledge Precludes Coverage Where Undisclosed “Events Bore the Seeds of a Malpractice Claim” Against Insured Lawyer
Prior Knowledge Condition Does Not Bar Coverage for Suit Alleging Negligent Licensure of Foster Parent
Prior Knowledge Condition Could Apply to Bar Coverage
No Coverage, No Estoppel, No Duty to Settle; Prior Knowledge Exclusion Bars Coverage for Insured’s Malpractice Claim
No Prejudice Necessary to Deny Coverage for an Insured’s Late Notice under Consecutive Claims-Made-and-Reported Policies
Action by Tennessee Attorney General Deemed to Pre-Date Claims-Made Policy Period Because Related to Earlier-Filed Customer Complaints
Attorney Cannot Wait on Outcome of Appeal to Report Dismissal of Client’s Claim Due to Malpractice
Even Without Express Demand for Money, Pre-Policy Period Letter is a “Claim”
Neither Bond Nor E&O Policy Covers Entity Losses from Employee Theft of Client Funds
Maryland Federal Court Holds Coverage Barred by Insured’s Prior Knowledge and by “Actual Prejudice” from Late Notice
Court Applies Subjective Standard to Prior Knowledge Exclusion
Fourth Circuit Affirms Recoupment for Insurer Where Guilty Pleas Triggered Policy Exclusions
Prior Knowledge Condition Bars Coverage for Insured’s Knowing Misrepresentations to Client
Related Acts of Malpractice Give Rise to One Claim; Coverage Precluded by Prior Knowledge Exclusion
Coverage Barred under “Known Risk” Exclusion Where Applicant for Insurance “On Notice” of Potential Malpractice Claim
California Court Holds Claims by Separate Investors in the Same Ponzi Scheme All Barred by Application Exclusion
Lawyer’s “Don’t Ask” Policy on Associate Misconduct Leads Court to Apply Prior Knowledge Exclusion
Court Applies Objective Standard to Hold that Prior Knowledge Exclusion Bars Coverage
Return of Fees Exclusion Does Not Bar Coverage For Suit Arising From Client’s Payments to Law Firm Pursuant to Invalidated Contingent Fee Agreement
Insured Firm Could Have Foreseen that Failure to Timely Serve Party Would Lead to Malpractice Claim
Prejudice Showing Required for Late Notice Defense under Claims-Made-and-Reported Policy
Malpractice Suit Related Back to Claim for Compensation from Client Security Fund
Insurer’s Recoupment of Defense Expenses Includes Pre-Judgment Interest
Policies Afford No Coverage for Litigation Arising Out of Unreported Demand Letter
No Coverage Where Attorney Failed to Disclose Tolling Agreement With Client on Application for Insurance
Court Finds Fact Issue Regarding Whether Attorney Misconduct Could Reasonably Be Expected To Give Rise to a Claim
No Coverage for Claim When Insured Had Knowledge of Incident Before Prior Acts Date
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