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Court dismisses claim for coverage for a first-party loss under a third-party liability policy

Wiley Rein LLP
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USA
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May 8 2013

The United States District Court for the Northern District of Texas has dismissed a claim for coverage under a directors and officers (D&O) liability

Court of Appeals affirms that "in fact" requirement was triggered by jury’s guilty verdict

Wiley Rein LLP
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USA
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April 18 2013

Applying Illinois and Florida law, the United States Court of Appeals for the Fourth Circuit has affirmed that a jury's guilty verdict in a criminal

"Based upon, arising from, or in consequence of" language in exclusion requires causal connection, not proximate causation

Wiley Rein LLP
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USA
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April 18 2013

The United States District Court for the District of New Mexico has held that a "Lending Services" exclusion in a D&O policy barred coverage for a

Court finds ambiguity applying insured v. insured exclusion to FDIC lawsuit

Wiley Rein LLP
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USA
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January 15 2013

The United States District Court for the Northern District of Georgia has denied in part a motion summary judgment by the directors and officers

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

Wiley Rein LLP
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USA
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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

Insured versus Insured exclusion held inapplicable to FDIC’s failed bank suit

Wiley Rein LLP
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Puerto Rico, USA
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November 1 2012

A Puerto Rico federal district court has declined to apply a D&O policy’s Insured versus Insured exclusion to a suit brought by the Federal Deposit Insurance Corporation (FDIC) against former directors and officers of a failed bank

Bankruptcy court lacks jurisdiction over WAMU coverage lawsuit

Wiley Rein LLP
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USA
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October 4 2012

The United States Bankruptcy Court for the District of Delaware has dismissed an insurance coverage action against several traditional directors and officers liability and “Side A” insurers, finding a lack of bankruptcy jurisdiction

Contract exclusion bars coverage for related fraud allegations

Wiley Rein LLP
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USA
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August 28 2012

Applying Pennsylvania law, a federal district court has held that a directors and officers liability policy’s contract exclusion precluded coverage for a suit against the insured operator of a chain of gas stations and convenience stores, where the suit included breach of contract allegations as well as tort allegations for fraudulent inducement and negligent misrepresentations in connection with the sale of convenience stores to third parties

Breach of contract exclusion bars coverage for lawsuit alleging that insured failed to valuate stock in "good faith"

Wiley Rein LLP
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USA
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June 12 2012

A New Jersey appellate court has held that a breach of contract exclusion barred coverage for a lawsuit alleging that the insured breached a warrant agreement by failing to valuate stock in good faith

D&O policy affords no coverage for officer's personal contractual obligation

Wiley Rein LLP
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USA
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May 22 2012

A Washington appellate court has held that a D&O policy did not provide coverage for losses incurred by an officer in his or her personal capacity and that a guaranty executed by a corporate officer that secured the corporation's debt was not executed in the officer's official capacity