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Unfair Trade Practices exclusion inapplicable to claims arising under fair debt collection statutes; statutory damages covered
  • Wiley Rein LLP
  • USA
  • July 17 2013

The United States District Court for the Middle District of Pennsylvania has held that an E&O policy issued to a now-bankrupt credit counseling


Unfair trade practices exclusion inapplicable to claims arising under fair debt collection statutes, statutory damages covered
  • Wiley Rein LLP
  • USA
  • June 11 2013

The United States District Court for the Middle District of Pennsylvania has held that an E&O policy issued to a now-bankrupt credit counseling


Policyholder’s bankruptcy does not relieve insurer’s obligations for “loss”
  • Wiley Rein LLP
  • USA
  • March 10 2014

The Court of Appeals of Wisconsin, applying Wisconsin law, has held that a policyholder's bankruptcy did not relieve an insurer of its obligations to


Tenth Circuit holds exclusion for claims arising out of bankruptcy or insolvency may bar coverage for claim under broker’s errors and omissions policy
  • Wiley Rein LLP
  • USA
  • September 25 2013

The United States Court of Appeals for the Tenth Circuit, applying Oklahoma law, has held that a bankruptcy or insolvency exclusion may bar coverage


Refco bankruptcy court orders advancement of defense costs despite guilty pleas in criminal proceedings
  • Wiley Rein LLP
  • USA
  • May 6 2008

The United States Bankruptcy Court for the Southern District of New York has granted another preliminary injunction ordering an excess directors' and officers' liability insurer to advance defense costs, despite the fact that the insurer had denied coverage on the basis of a prior knowledge exclusion and three of the insured entity's principals have pled guilty to various offenses, including violations of the securities laws


Federal district court reverses bankruptcy court ruling allowing appointment of “special insurance counsel”
  • Wiley Rein LLP
  • USA
  • April 28 2008

The United States District Court for the Central District of California has reversed a bankruptcy court ruling allowing two law firmsSnyder Miller & Orton LLP (SMO) and Morgan Lewis & Bockius LLP (MLB)to serve as "special insurance counsel" to address insurance and insurance-coverage-litigation-related matters under the narrow special purpose standards of 327(e


Claimant may use Connecticut direct action statute to sue carrier after compromising claim with policyholder
  • Wiley Rein LLP
  • USA
  • April 9 2013

The United States District Court for the District of Connecticut has held that a settlement agreement between the claimant and policyholder satisfies


Court applies exclusion for claims involving receivership of a healthcare benefit plan
  • Wiley Rein LLP
  • USA
  • June 16 2008

The United States District Court for the Middle District of Florida, applying Florida law, has held that exclusions for claims involving the receivership of a healthcare benefit plan and claims involving Multiple Employer Welfare Arrangements (MEWA) barred coverage for claims brought by a receiver of a healthcare benefit plan alleging that brokers sold coverage under a benefit plan that was a MEWA


Insolvency of underlying insurer does not affect excess insurer’s obligations
  • Wiley Rein LLP
  • USA
  • November 6 2007

In an adversary proceeding brought by a liquidating company to determine the availability of coverage under the debtor's insurance policies, the United States District Court for the District of Delaware has held that the insolvency of an underlying insurer did not affect an excess carrier's obligation for claims within its own layer of coverage


Court holds notice of potential claim letter satisfies policy requirements
  • Wiley Rein LLP
  • USA
  • August 13 2007

The United States District Court for the District of Colorado, applying Colorado law, has denied an insurer's motion for summary judgment and granted in part motions for partial summary judgment by the policyholder's former CEO and a bankruptcy trustee as assignee of the policyholder's former directors