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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

California court rules that intentional violation of licensor’s copyright and breach of contract are covered under E&O policy

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

The United States District Court for the Northern District of California, applying California law, has ruled that claims against a policyholder alleging intentional violation of a licensor's copyrights and breach of contract are covered under an E&O policy

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

Prior acts exclusion is inapplicable when acts took place during prior policy issued by same insurer

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

The United States District Court for the District of Oregon has held that a prior acts exclusion does not bar coverage under an insurance 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

No coverage for claim based on officer’s ultra vires act, or breach of contract

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

The United States District Court for the Northern District of California, applying California law, has held that a construction company is not entitled to coverage under its D&O policy because the underlying claim sought recovery for breach of contract and was based on alleged representations by an officer made outside the scope of his authority

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

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

Dishonesty exclusion bars coverage for claim that title company negligently supervised bookkeeper who embezzled

  • Wiley Rein LLP
  • -
  • USA
  • -
  • May 15 2007

The United States Court of Appeals for the Fourth Circuit has held that an E&O policy's dishonesty exclusion barred coverage for a claim alleging that a title company negligently supervised a bookkeeper who embezzled from escrow accounts