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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

Rescission effective upon filing of rescission complaint

Wiley Rein LLP
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USA
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June 9 2010

In a decision not designated for publication, the United States District Court for the Northern District of California, applying California law, has held that an insurer's declaratory judgment complaint for rescission effectuated the rescission of the policy and that the subsequent coverage litigation confirmed the validity of the rescission

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

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

"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

The Hartford did not assume reliance coverage obligations

Wiley Rein LLP
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USA
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November 23 2009

The United States Court of Appeals for the Third Circuit has held, under New Jersey law, that a directors' and officers' liability policy issued by a successor insurer did not cover the entire period of the original policy issued by the original insurer

Dishonesty exclusion triggered by criminal convictions but factual dispute over potential waiver precludes summary judgment on rescission

Wiley Rein LLP
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USA
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October 21 2011

A federal district court, applying Ohio law, has held that an excess insurer potentially waived its right to rescind a policy issued to a company that purchased accounts receivable from health care providers, but the policy’s dishonesty exclusion barred coverage for the company’s directors and officers due to their criminal convictions

Court finds company has no standing to seek declaratory judgment under side a policies; coverage under other policies too remote because retention is unsatisfied

Wiley Rein LLP
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USA
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September 6 2011

The United States District Court for the Central District of California has granted motions by several Side A and traditional directors and officers insurers to dismiss a declaratory judgment action brought by a subsidiary of the named insured organization because the subsidiary lacked standing to pursue the litigation

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