Executive Summary Blog

Executive Summary Blog

Legal developments affecting professional liability insurers

Tag Archives: West Virginia

Insurer Entitled to Rescind Policy But Not to Reimbursement of Defense Costs

Posted in Rescission
The United States District Court for the Southern District of West Virginia, applying West Virginia law, has held that an insurer which was entitled to rescind a lawyer’s professional liability policy, and thus owed no duty to defend the underlying action, was not entitled to reimbursement of defense costs.  ALPS Prop. & Cas. Ins. Co.… Continue Reading

Lack of Prior Knowledge of Claim a Condition Precedent to Coverage

Posted in Prior Knowledge/Warranty Exclusion, Public Policy prohibition on insurance
The United States District Court for the District of West Virginia, applying West Virginia law, has held that lack of prior knowledge of a claim constitutes a condition precedent to coverage under an accountant’s professional liability policy.  Camico Mutual Ins. Co. v. Hess, Stewart & Campbell P.L.L.C., 2017 WL 926770 (S.D. W. Va. Mar. 8,… Continue Reading