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Wrongful acts "related" if there is factual tie between acts
- Wiley Rein LLP
- -
- USA
- -
- April 16 2013
The United States District Court for the Southern District of New York, applying New York law, held that the term "related" in a professional
Court upholds denial based on late notice and rejects estoppel and waiver arguments
- Wiley Rein LLP
- -
- USA
- -
- January 14 2009
A federal district court, applying Michigan law, has held that an insurer was not precluded by principles of equitable estoppel or waiver from denying coverage for lawsuits based on late notice
New York court holds asbestos coverage available under premises-operations hazard
- Wiley Rein LLP
- -
- USA
- -
- May 25 2007
A New York state trial court ruled on May 8 that asbestos claims arising out of a policyholder's installation of asbestos-containing materials fell within the policy's premises-operations hazard rather than the policy's products hazard
Congoleum pre-packaged settlement is unreasonable and unenforceable against insurers
- Wiley Rein LLP
- -
- USA
- -
- May 25 2007
The Superior Court of New Jersey has ruled that Congoleum's pre-packaged bankruptcy plan settling asbestos claims is not enforceable against its insurers
Exclusion for claims arising out of professional services performed for related entity applies only when entities were related at time professional services rendered
- Wiley Rein LLP
- -
- USA
- -
- January 15 2009
The United States District Court for the Northern District of Texas, applying Texas law, has held that the application of an exclusion that barred coverage for claims arising out of professional services that the insured had rendered to a related entity depended on the relation of the entities at the time the services were rendered rather than at the time the claim was made
No coverage for claim for failure to remit policy premiums where policy excluded coverage for claims based upon a failure to pay or collect money
- Wiley Rein LLP
- -
- USA
- -
- January 15 2009
The California Court of Appeal, applying California law, has held that a policy exclusion for claims, losses or defense expenses “based on, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving . . . any actual or alleged commingling of, or inability or failure to pay, collect, safeguard or return any money” applied to a claim against an insurance agency that was accused of wrongfully retaining commission for the policies it administered on behalf of two insurance companies
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
EPL complaint filed with local agency constituted a "claim" made prior to policy period
- Wiley Rein LLP
- -
- USA
- -
- September 2 2009
The United States Circuit Court for the Eleventh Circuit, applying California law, has held that an employee's sexual harassment complaint, which the employee filed with a local agency, constituted a "claim" as defined by an employment practices liability policy
Insured entitled to discovery on extent of limit of remaining on policy
- Wiley Rein LLP
- -
- USA
- -
- September 2 2009
The United States District Court for the Southern District of New York has held that an insurer is not entitled to summary judgment against an individual insured on the basis of exhaustion of the limit of liability by the payment of defense costs when evidence indicates that the insurer will receive repayment of some amounts previously paid under the policy on behalf of other insureds
Renewable energy coverage: insuring wind power risks
- Wiley Rein LLP
- -
- USA
- -
- January 30 2009
By 2016, the market for renewable energy technology, including wind power, solar power, geothermal power and biofuels is expected to grow to $225 billion
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