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Results: 11-15 of 15

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

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

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

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