We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 1,108

Emerging risks in insurance

  • Wiley Rein LLP
  • -
  • USA
  • -
  • June 23 2008

This year, the emerging risks seem like old friends

Declaratory judgment action not ripe when no underlying suit had been filed against insured

  • Wiley Rein LLP
  • -
  • USA
  • -
  • February 3 2014

The United States District Court for the Northern District of Texas dismissed a lawsuit against an insurer seeking a declaration of the insurer's

By delaying disclaimer of coverage for 105 days, insurer waiver right to rely on policy exclusions

  • Wiley Rein LLP
  • -
  • USA
  • -
  • August 6 2013

The United States District Court for the Eastern District of New York, applying New York law, has held that an insurer's 105-day delay in disclaiming

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

No coverage when insured's counsel acknowledged impending claim prior to effective date of policy

  • Wiley Rein LLP
  • -
  • USA
  • -
  • September 18 2009

The Supreme Court of Nebraska has upheld summary judgment on behalf of an insurer where the insured’s counsel, prior to the effective date of the insurance policy, acknowledged circumstances likely to give rise to the lawsuit for which coverage was sought

Court addresses standard for “professional services” exclusion

  • Wiley Rein LLP
  • -
  • USA
  • -
  • June 14 2007

In an unreported decision, the Appellate Division of the Superior Court of New Jersey has held that a "professional services" exclusion in a company's general liability policy did not apply to a lawsuit arising out of the acts or omissions of the company's "safety manager" because the manager "was neither 'a person authorized by law to practice a recognized profession' which is 'regulated by law'" nor did he provide services "involving knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction."

When other insurance provisions conflict, standard escape provisions will not prevail over excess provisions

  • Wiley Rein LLP
  • -
  • USA
  • -
  • January 24 2013

The United States Court of Appeals for the Sixth Circuit, applying Kentucky law, has found that when other insurance provisions in two policies

Exclusion for "liability assumed under contract" held not to exclude all breach of contract claims but only indemnity or hold harmless agreements

  • Wiley Rein LLP
  • -
  • USA
  • -
  • July 19 2011

The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has denied summary judgment for an insurer and granted summary judgment for an insured, holding that an exclusion for "liability assumed under contract" does not preclude coverage for an insured bank's alleged wrongful failure to extend credit to a customer

Texas Supreme Court holds that waiver and estoppel cannot be used to expand coverage

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

The Texas Supreme Court has held that the doctrines of waiver and estoppel cannot be used to re-write a contract of insurance and provide coverage for risks not insured

Failure to obtain consent negates coverage for settlement

  • Wiley Rein LLP
  • -
  • USA
  • -
  • January 3 2014

The United States Court of Appeals for the Fourth Circuit, looking both to Maryland law and Tennessee law, has held that an insured's breach of a