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Professional services exclusion ambiguous as to service not specified within exclusion

  • Wiley Rein LLP
  • -
  • USA
  • -
  • December 13 2012

A New York trial court has held that a professional services exclusion is ambiguous as applied to art authentication services where the exclusion lists other unrelated services as examples of excluded activity

No coverage for false advertising claims under three separate policies

  • Wiley Rein LLP
  • -
  • USA
  • -
  • October 22 2010

The United States District Court for the District of Massachusetts held that multiple insurers had no obligation to defend or indemnify a policyholder against suits filed by a competitor and consumers alleging false and deceptive advertising

Libel suit for pre-policy newspaper articles not a “known loss”

  • Wiley Rein LLP
  • -
  • USA
  • -
  • April 22 2009

Applying Massachusetts law, the United States Court of Appeals for the First Circuit has held that the "known loss" doctrine did not bar coverage for a libel lawsuit arising in part out of articles published before the insured newspaper applied for the policy because the loss was not substantially certain when the policy was obtained

“Negligent publication” does not include false advertising or negligent misrepresentation

  • Wiley Rein LLP
  • -
  • USA
  • -
  • September 10 2008

The United State Court of Appeals for the Ninth Circuit, applying California law, has held that a professional liability policy including coverage for "negligent publication" did not include coverage for class action lawsuits alleging negligent misrepresentation, false advertising and related counts

“Negligent publication” does not include false advertising or negligent misrepresentation

  • Wiley Rein LLP
  • -
  • USA
  • -
  • August 28 2008

The United States Court of Appeals for the Ninth Circuit, applying California law, has held that a professional liability policy including coverage for “negligent publication” did not include coverage for class action lawsuits alleging negligent misrepresentation, false advertising, and related counts