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Results: 1-10 of 1,108

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

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

Insurance denied for retailers facing Song-Beverly Act claims

  • Wiley Rein LLP
  • -
  • USA
  • -
  • January 17 2014

A California trial court has held that penalties recoverable under the state's Song-Beverly Act, which prohibits retailers from requiring certain

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

Missouri federal court holds insured breached cooperation clause by invoking Fifth Amendment

  • Wiley Rein LLP
  • -
  • USA
  • -
  • December 19 2008

The United States District Court for the Eastern District of Missouri, applying Missouri law, has ruled that a dentist breached the cooperation clause in his medical malpractice insurance policy by asserting his Fifth Amendment privilege and refusing to give testimony in the litigation against him

Notice of intent to sue attorney for malpractice triggered duty to defend claim for sanctions

  • Wiley Rein LLP
  • -
  • USA
  • -
  • January 30 2009

Applying Pennsylvania law, a federal district court has held that a letter advising an insured attorney that his former client intended to bring suit for malpractice constituted a “claim” under a professional liability policy such that the insurer was obligated to defend pre-suit proceedings against the attorney for sanctions that had been brought by opposing counsel in the underlying action and in which the former client had joined the demand for relief

Missouri court finds that insured’s refusal to testify based on Fifth Amendment rights is not a per se violation of a policy’s cooperation clause

  • Wiley Rein LLP
  • -
  • USA
  • -
  • April 7 2008

The United States District Court for the Eastern District of Missouri, applying Missouri law, has held that an insurer cannot establish a per se violation of a policy's cooperation clause on the basis of an insured's invocation of the Fifth Amendment during the defense of the underlying action

Third Circuit applies professional services exclusion to bar coverage for SEC investigation and related litigation

  • Wiley Rein LLP
  • -
  • USA
  • -
  • May 6 2008

The United States Court of Appeals for the Third Circuit has held that a professional services exclusion identified in a D&O coverage binder barred coverage for both an SEC investigation and related litigation

“Causal connection” required to deny coverage under prior and pending litigation exclusion

  • Wiley Rein LLP
  • -
  • USA
  • -
  • March 16 2007

In an unreported decision, the Superior Court of California has held that a "reasonable construction" of prior and pending litigation exclusions requires insurers to show a "causal connection" between a prior lawsuit and subsequent lawsuits that were the subject of the coverage dispute

Prejudice irrelevant to late notice under claims-made policy

  • Wiley Rein LLP
  • -
  • USA
  • -
  • April 16 2007

The United States District Court for Southern District of Ohio, applying Ohio law, has held that a professional liability insurer does not have to prove it was prejudiced to deny coverage when the policyholder provided notice after the expiration of a claims-made policy