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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

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

Contract exclusion potentially bars coverage for claim under construction company’s D&O policy

  • Wiley Rein LLP
  • -
  • USA
  • -
  • May 12 2009

The U.S. Court of Appeals for the Ninth Circuit has held that a triable issue of fact existed as to whether a D&O insurer was obligated to indemnify its insured for loss stemming from a defective construction lawsuit

Priority of payments provision allows insurer to make settlement payments on covered claims against directors and officers

  • Wiley Rein LLP
  • -
  • USA
  • -
  • October 25 2012

The United States Bankruptcy Court for the District of Nebraska has held that an insurer may make settlement payments for claims against a debtor’s directors and officers where any claims of the debtor are subordinate to those of the directors and officers under the terms of the policy

Contract exclusion not applicable, but no bad faith

  • Wiley Rein LLP
  • -
  • USA
  • -
  • February 5 2010

The United States District Court for the Northern District of California has determined that an insurer wrongly relied upon a policy's contract exclusion to deny coverage, but the insurer was not held liable for bad faith because the insured suffered no damages as a result of the insurer's denial

Michigan court: no prejudice necessary to disclaim coverage for claim made after expiration of claims-made policy

  • Wiley Rein LLP
  • -
  • USA
  • -
  • June 14 2010

The Michigan Court of Appeals has held that an insurer need not establish prejudice to disclaim coverage for a claim reported over a year after the expiration of the relevant claims-made policy

Court applies exclusion for suits seeking solely declaratory relief

  • Wiley Rein LLP
  • -
  • USA
  • -
  • April 2 2009

The United States District Court for the Middle District of Pennsylvania has held that an exclusion in an aggregate all lines policy that barred coverage for suits seeking solely declaratory, injunctive or equitable relief barred coverage for a lawsuit filed against the insured that sought the plaintiffs’ costs and attorney’s fees in addition to declaratory relief

Fraudulent conduct of principals imputed to company, barring coverage

  • Wiley Rein LLP
  • -
  • USA
  • -
  • October 11 2011

The United States District Court for the Southern District of Ohio, applying Ohio law, has held that a dishonesty exclusion barred coverage under primary and excess directors and officers policies for the Wrongful Acts of the principals of a bankrupt company, all of whom were criminally convicted of securities fraud and related crimes

Criminal acts exclusion bars coverage after escrow agent pleaded guilty to stealing funds from account

  • Wiley Rein LLP
  • -
  • USA
  • -
  • June 21 2013

The United States District Court for the Middle District of Florida has held that a professional liability policy's criminal acts exclusion bars

Injured party cannot pursue a direct action against a professional liability insurer before obtaining a judgment against the insured

  • Wiley Rein LLP
  • -
  • USA
  • -
  • October 15 2013

The New Mexico Court of Appeals has held that an injured third-party claimant cannot pursue a direct action against an insurer prior to obtaining a