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Results: 1-10 of 28

Ninth Circuit affirms dismissal of negligent misrepresentation claim

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • September 4 2013

In its recent decision in MultiCare Health System v. Lexington Ins. Co., 2013 U.S. App. LEXIS 17981 (9th Cir. Aug. 28, 2013), the United States Court

Oklahoma Court holds failure to warn not a covered professional service

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • March 7 2013

In its recent decision in Hanover Am. Ins. Co. v. Saul, 2013 U.S. Dist. LEXIS 29739 (W.D. Okl. Mar. 5, 2013), the United States District Court for

Liability insurers may have duty to defend against federal prosecutions, California Court of Appeal holds

  • Barger & Wolen LLP
  • -
  • USA
  • -
  • May 6 2013

The Second Appellate District of California held on May 1 in Mt. Hawley Ins. Co. v. Lopez that California Insurance Code section 533.5(b) does not

Professional services exclusion bars coverage for insured entity's vicarious liability

  • Wiley Rein LLP
  • -
  • USA
  • -
  • April 4 2011

A New Jersey appellate court has held that a professional services exclusion in a medical center's professional liability insurance policy precluded coverage for the center's vicarious liability for the negligence of its doctor

Missouri court of appeals finds no right of equitable contribution based on other insurance clauses

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 26 2009

The Missouri Court of Appeals, Eastern District recently held that a nurse's professional liability insurer was not liable for contribution to her employer's professional liability insurer after the latter settled a wrongful death claim involving the nurse

Punitive damages award fails to implicate dishonesty exclusion

  • Wiley Rein LLP
  • -
  • USA
  • -
  • June 9 2011

The United States District Court for the Southern District of West Virginia has held that the dishonesty exclusion in a directors, officers and trustees liability policy was not triggered by a jury's award of punitive damages based on a finding of "fraudulent" conduct because the causes of action that gave rise to the jury's verdict against the insured did not involve fraudulent or dishonest conduct

Payments by captive insurer count as loss for purposes of excess coverage

  • Wiley Rein LLP
  • -
  • USA
  • -
  • January 13 2011

A trial court in Massachusetts has held that payments by an insured's captive insurer, which provided the primary layer of insurance, count as loss for purposes of triggering an excess insurer's coverage obligation

Claims-made professional liability policy enforceable under Nevada law

  • Wiley Rein LLP
  • -
  • USA
  • -
  • March 16 2007

The United States District Court for Nevada has held that claims-made professional liability policies are enforceable under Nevada law

Insurer not entitled to rescission as matter of law based on undisclosed malpractice claim made after application was submitted

  • Wiley Rein LLP
  • -
  • USA
  • -
  • November 9 2010

The United States District Court for the Northern District of Illinois, applying Illinois law, has held that it could not determine that a physician's failure to disclose a claim made while his application for malpractice insurance was pending was a material misrepresentation as a matter of law

Eighth Circuit finds notice sufficient under claims-made policy

  • Wiley Rein LLP
  • -
  • USA
  • -
  • May 23 2011

The United States Court of Appeals for the Eighth Circuit, applying Minnesota law, has held that an insured's letter to the insurer enclosing a notice of administrative investigation satisfied the timing and content requirements of a claims-made policy's notice provision