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Results: 1-10 of 15

Delaware Supreme Court enforces consent to settle clause and precludes coverage
  • Wiley Rein LLP
  • USA
  • August 25 2009

The Supreme Court of Delaware, applying Missouri law, has held that an insurer acted in good faith in objecting to a settlement reached at a mediation that it did not attend pursuant to an agreement with the insured


Declaratory judgment action dismissed due to insureds’ failure to comply with ADR clause
  • Wiley Rein LLP
  • USA
  • August 21 2012

Applying California law, the United States District Court for the Central District of California has dismissed a declaratory judgment action on the grounds that the insureds failed to comply with policy conditions requiring the insureds to pursue alternative dispute resolution prior to filing a judicial proceeding


First Circuit holds no coverage under E&O policy for agency's breach of exclusivity clause
  • Wiley Rein LLP
  • USA
  • July 20 2007

The United States Court of Appeals for the First Circuit, applying Massachusetts law, has held that coverage was not available under an insurance agent and broker E&O policy for an arbitration award assessed against a policyholder for its breach of an agency agreement because the claims at issue arose out of the policyholder's ordinary business decisions rather than from its exercise of professional skills


Insurer bound by award in arbitration of which it had notice but in which it decided not to participate
  • Wiley Rein LLP
  • USA
  • March 23 2009

The California Court of Appeal has held that an insurer that was notified of an underlying arbitration demand against its insured, an insolvent financial services firm, and was given an opportunity to participate in the arbitration was bound by the resulting award and judgment despite not having participated or having undertaken a duty to defend


Evidence of oral settlement agreement reached in mediation inadmissible
  • Wiley Rein LLP
  • USA
  • August 19 2008

The Supreme Court of California has held that evidence of an oral settlement made in the course of mediation was inadmissible under California’s mediation confidentiality statutes


Court holds defense costs outside policy limits
  • Wiley Rein LLP
  • USA
  • June 1 2010

The U.S. District Court for the Southern District of California, applying California law, has affirmed an arbitration ruling that defense costs paid by an insurer on behalf of an insured under a business management and indemnity policy did not erode the policy’s $1 million limit of liability


Magistrate enforces arbitration clause in inter-insurer dispute
  • Wiley Rein LLP
  • USA
  • March 12 2010

US Magistrate Judge P Trevor Sharp of the Middle District of North Carolina, applying federal law of arbitration to a motion to stay, has issued a recommendation that the district court stay an insurer's third-party claim against another insurer based on the arbitration clause in the defendant-insurer's policy


Stricker court adheres to dismissal of Medicare claims against liability insurers and others; rejects government's continuing accrual and tolling arguments
  • Wiley Rein LLP
  • USA
  • August 18 2011

In a significant victory for liability insurers and others, on Friday, August 12, 2011, United States District Court Judge Karon Owen Bowdre rejected the United States' motion to reconsider her September 30, 2010 order dismissing on statute of limitations grounds the Medicare recovery claims brought against the attorneys representing the Abernathy plaintiffs, the chemical companies sued in Abernathy as the alleged tortfeasor defendants and the chemical companies' liability insurance carriers


Overlapping prior claim not barred by prior and pending litigation exclusion
  • Wiley Rein LLP
  • USA
  • October 11 2012

The United States District Court for the Southern District of California has determined that “prior and pending,” specific matter and application exclusions in the second of two successive professional liability policies did not bar coverage for arbitrations having partial overlap with a claim made against the insured broker-dealer prior to the inception of the policy


Sixth Circuit holds that coverage of arbitration claims barred by policy exclusion
  • Wiley Rein LLP
  • USA
  • September 2 2009

The United States Court of Appeals for the Sixth Circuit has held that, under Ohio law, an insured was not entitled to coverage for defense costs where allegations in the underlying complaint did not state a claim potentially within the scope of the policy’s coverage