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Results: 1-10 of 15

Overlapping prior claim not barred by prior and pending litigation exclusion

  • Wiley Rein LLP
  • -
  • USA
  • -
  • October 11 2012

The United States District Court for the Southern District of California has determined that “prior and pending,” specific matter and application exclusions in the second of two successive professional liability policies did not bar coverage for arbitrations having partial overlap with a claim made against the insured broker-dealer prior to the inception of the policy

No coverage for breach of contract claims

  • Wiley Rein LLP
  • -
  • USA
  • -
  • February 14 2013

A federal district court, applying Florida law, has held that a loan company was not entitled to coverage under an errors and omissions policy for

Declaratory judgment action dismissed due to insureds’ failure to comply with ADR clause

  • Wiley Rein LLP
  • -
  • USA
  • -
  • August 21 2012

Applying California law, the United States District Court for the Central District of California has dismissed a declaratory judgment action on the grounds that the insureds failed to comply with policy conditions requiring the insureds to pursue alternative dispute resolution prior to filing a judicial proceeding

Claimant is collaterally estopped from asserting that arbitration award triggers coverage under lawyers professional liability policy

  • Wiley Rein LLP
  • -
  • USA
  • -
  • December 10 2010

The Court of Appeals of North Carolina has held that a claimant is collaterally estopped from asserting that an arbitration award triggers coverage under an insured's lawyers professional liability policy where the arbitration award found the insured liable solely in his capacity as a fund manager

First Circuit holds no coverage under E&O policy for agency's breach of exclusivity clause

  • Wiley Rein LLP
  • -
  • USA
  • -
  • July 20 2007

The United States Court of Appeals for the First Circuit, applying Massachusetts law, has held that coverage was not available under an insurance agent and broker E&O policy for an arbitration award assessed against a policyholder for its breach of an agency agreement because the claims at issue arose out of the policyholder's ordinary business decisions rather than from its exercise of professional skills

Insurer bound by award in arbitration of which it had notice but in which it decided not to participate

  • Wiley Rein LLP
  • -
  • USA
  • -
  • March 23 2009

The California Court of Appeal has held that an insurer that was notified of an underlying arbitration demand against its insured, an insolvent financial services firm, and was given an opportunity to participate in the arbitration was bound by the resulting award and judgment despite not having participated or having undertaken a duty to defend

Magistrate enforces arbitration clause in inter-insurer dispute

  • Wiley Rein LLP
  • -
  • USA
  • -
  • March 12 2010

US Magistrate Judge P Trevor Sharp of the Middle District of North Carolina, applying federal law of arbitration to a motion to stay, has issued a recommendation that the district court stay an insurer's third-party claim against another insurer based on the arbitration clause in the defendant-insurer's policy

Evidence of oral settlement agreement reached in mediation inadmissible

  • Wiley Rein LLP
  • -
  • USA
  • -
  • August 19 2008

The Supreme Court of California has held that evidence of an oral settlement made in the course of mediation was inadmissible under California’s mediation confidentiality statutes

Sixth Circuit holds that coverage of arbitration claims barred by policy exclusion

  • Wiley Rein LLP
  • -
  • USA
  • -
  • September 2 2009

The United States Court of Appeals for the Sixth Circuit has held that, under Ohio law, an insured was not entitled to coverage for defense costs where allegations in the underlying complaint did not state a claim potentially within the scope of the policy’s coverage

Insurance agent’s employee not an “insured” when alleged to be acting on behalf of an uninsured agency

  • Wiley Rein LLP
  • -
  • USA
  • -
  • November 18 2013

The United States District Court for the Southern District of Texas, applying Texas law, has held that an insurance agent's E&O carrier had no duty