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Results: 1-10 of 1,108

Definition of wrongful act and intentional acts exclusion bar coverage for action alleging fraud and conspiracy

  • Wiley Rein LLP
  • -
  • USA
  • -
  • November 14 2012

Applying Illinois law, the Appellate Court of Illinois has held, based on the policy’s definition of “wrongful act” and its intentional acts exclusion, that a professional liability insurer has no duty to defend an action alleging fraud and conspiracy

Reporting requirement in policy conditions does not create claims-made-and-reported coverage

  • Wiley Rein LLP
  • -
  • USA
  • -
  • March 10 2014

The United States District Court for the Northern District of California, applying California law, has denied an insurer's motion to dismiss its

Lawsuit based on negligent property management services barred by "professional services" exclusion

  • Wiley Rein LLP
  • -
  • USA
  • -
  • June 15 2012

An appellate court in California has affirmed a lower court’s ruling that a professional services exclusion barred coverage for a lawsuit based on the negligent performance of property management services at an apartment complex

Allegations of fraudulent inducement related to a settlement agreement may constitute a claim

  • Wiley Rein LLP
  • -
  • USA
  • -
  • August 19 2010

The United States District Court for the Eastern District of Pennsylvania has denied an insurer's motion for summary judgment, holding that a question of fact existed as to whether allegations of fraudulent inducement related to a settlement agreement constituted a claim against the insured under a professional liability policy

No coverage for claim first made before policy inception but after retroactive date

  • Wiley Rein LLP
  • -
  • USA
  • -
  • September 25 2013

A Florida federal trial court has held that a claims-made-and-reported policy does not provide coverage for a claim first made prior to the

Nonprofit management liability policy does not afford coverage for reimbursement of stolen social security benefits

  • Wiley Rein LLP
  • -
  • USA
  • -
  • November 11 2013

Applying South Carolina law, a federal court has found that amounts required to be repaid to the Social Security Administration (SSA) pursuant to the

Out-of-state punitive damages award precluded from coverage under New York law when it would offend the public policy of New York and the other state

  • Wiley Rein LLP
  • -
  • USA
  • -
  • August 14 2012

Applying New York law, the New York Supreme Court, New York County, has found that a professional liability policy precludes coverage for the punitive damages portion of a jury verdict award against an insured in an out-of-state action

"Bump up" exclusion bars coverage for claims against insured company, but not against directors & officers

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

The United States Court of Appeals for the First Circuit, applying Massachusetts law, has held that the plain language of an "inadequate consideration" or "bump up" exclusion bars coverage for that portion of a settlement payment made to settle claims against the company, but not to any amounts that may have been paid to indemnify directors and officers

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

Coverage for lawyer’s malpractice claims barred by misappropriation and dishonesty exclusions

  • Wiley Rein LLP
  • -
  • USA
  • -
  • February 5 2008

The Supreme Court of Nebraska has held that misappropriation and dishonesty exclusions in a lawyer's professional liability policy barred an attorney's former clients from executing legal malpractice judgments against the insurer that issued the policy