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Notice of prior suit against company does not constitute adequate notice of later suit against directors and officers
- Wiley Rein LLP
- -
- USA
- -
- January 8 2008
A Florida appellate court has held that a D&O policy issued to a company does not afford coverage for shareholder lawsuits against directors and officers of the company (the "Shareholder Suit") filed after the policy expired, even though the company had tendered during the policy period a lawsuit filed against the company over a failed merger as well as a state insurance investigation into the company's reserve levels (the "Prior Proceedings") because the Prior Proceedings did not provide the insurer with sufficient notice that the earlier matters could lead to shareholder suits against the company's directors and officers
“Damages” does not include punitive damages; insurer’s duty to defend ends where complaint seeks only punitive damages
- Wiley Rein LLP
- -
- USA
- -
- February 12 2007
The United States District Court for the Middle District of Florida, applying Florida law, has held that the definition of "damages" does not include punitive damages and, therefore, an insurer's duty to defend ended once the complaint was amended to seek only punitive damages
No coverage for breach of contract claims against company and its officer
- Wiley Rein LLP
- -
- USA
- -
- February 12 2007
A California intermediate appellate court, applying California law, has held that a professional liability policy does not afford coverage for breach of contract claims asserted against a company and one of its officers
Insurer must indemnify policyholder for settlement of intentional interference with business expectancy claim
- Wiley Rein LLP
- -
- USA
- -
- February 12 2007
The United States District Court for the Eastern District of Washington has held that an excess liability policy provided coverage for a settlement of an intentional interference with business expectancy claim against the insured municipality
Expert testimony on exclusion’s application inadmissible; oral notice evidence and “habit or practice” evidence may be admissible
- Wiley Rein LLP
- -
- USA
- -
- February 12 2007
The United States District Court for the Northern District of Illinois, applying Illinois law to decide numerous motions in limine prior to trial, has held that: (1) an expert's proposed testimony regarding the application of two policy exclusions was inadmissible because the testimony constituted impermissible legal opinion; (2) evidence that the insured provided notice of the relevant claim orally rather than in writing, as required by the "claims made and reported" policy, was admissible, as such "actual notice" would be sufficient to trigger the insurer's duties under the policy; and (3) evidence of the insured's alleged "habit or practice" of providing oral notice was admissible
New York court holds lack of cooperation disclaimer untimely
- Wiley Rein LLP
- -
- USA
- -
- January 8 2008
The Appellate Division of the New York Supreme Court has held that an insurer is required to defend and indemnify a policyholder, despite the policyholder's well-documented and longstanding failure to cooperate, reasoning that the passage of more than two months between the insurer's awareness of the insured's refusal to cooperate and its disclaimer rendered the disclaimer for breach of the cooperation clause untimely
Texas Supreme Court to decide whether prejudice is required to support a late notice defense where notice is given during the policy period
- Wiley Rein LLP
- -
- USA
- -
- January 8 2008
The United States Court of Appeals for the Fifth Circuit has certified to the Texas Supreme Court the following question: "Must an insurer show prejudice to deny payment on a claims-made policy, when the denial is based upon the insured's breach of the policy's prompt-notice provision, but the notice is nevertheless given within the policy's coverage period?"
Insurer entitled to allocate loss based on “relative exposure” standard
- Wiley Rein LLP
- -
- USA
- -
- February 12 2007
The New York Supreme Court has held that the terms of a management liability policy allow an insurer to allocate loss between insured and non-insured parties through the application of the relative exposure standard
Insured cannot veto an insurer's good faith settlement of a claim within policy limits absent prejudice
- Wiley Rein LLP
- -
- USA
- -
- January 8 2008
A Florida appellate court, applying Florida law, has held that an insured may not veto an insurer's settlement of an underlying claim within policy limits absent an allegation of prejudice to a pending counterclaim of the insured or exposure of the insured to additional damages above policy limits arising from the claim being settled
District court holds mandatory abstention applies to dispute between professional liability insurers
- Wiley Rein LLP
- -
- USA
- -
- January 8 2008
The United States District Court for the District of New Jersey has abstained from hearing a dispute between a primary and an excess professional liability insurer related to a bankruptcy settlement based on the mandatory abstention doctrine
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