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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

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

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

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

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

Court enforces anti-assignment clause in D&O policy

  • Wiley Rein LLP
  • -
  • USA
  • -
  • October 12 2007

The United States District Court for the District of Oregon, applying Oregon law, has held that an anti-assignment clause in a D&O policy precluded the assignment of rights under the policy after the insured entered into a settlement agreement without the insurer's consent

Insurer must defend maker of lead paint-tainted toys

  • Wiley Rein LLP
  • -
  • USA
  • -
  • August 26 2008

Last year's massive series of recalls of children's toys manufactured in China that contained lead paint spurred lawsuits seeking insurance coverage for losses arising out of the recalls

Demand for repairs or recoupment of repair costs not a "claim"; prior knowledge and application exclusions bar coverage

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

Applying Pennsylvania law, the United States District Court for the Western District of Pennsylvania has held that the state's demand that the insured engineering company perform repairs or pay the state the cost of the repairs was not a "claim" under the applicable architects and engineers professional liability policy because the demand did not allege that the engineering company acted negligently

Executive summary - July 2011 - malpractice claim barred by insureds' prior knowledge of error

  • Wiley Rein LLP
  • -
  • USA
  • -
  • July 12 2011

The United States District Court for the District of Columbia, applying District of Columbia law, has held that no coverage is available for a malpractice claim against an insured law firm where the firm had reason to believe, prior to the policy’s inception, that its admitted error could be the basis of a claim

Court holds that personal profit exclusion bars coverage for claims of interference with contract and violation of consumer protection laws

  • Wiley Rein LLP
  • -
  • USA
  • -
  • January 14 2013

The United States District Court for the Northern District of California has held that the personal profit exclusion in a directors and officers and