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Results: 1-10 of 15

No coverage for breach of contract claims
  • Wiley Rein LLP
  • USA
  • February 14 2013

A federal district court, applying Florida law, has held that a loan company was not entitled to coverage under an errors and omissions policy for


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


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


Claimant is collaterally estopped from asserting that arbitration award triggers coverage under lawyers professional liability policy
  • Wiley Rein LLP
  • USA
  • December 10 2010

The Court of Appeals of North Carolina has held that a claimant is collaterally estopped from asserting that an arbitration award triggers coverage under an insured's lawyers professional liability policy where the arbitration award found the insured liable solely in his capacity as a fund manager


Claimant is collaterally estopped from asserting that arbitration award triggers coverage under lawyers professional liability policy
  • Wiley Rein LLP
  • USA
  • November 2 2010

The Court of Appeals of North Carolina has held that a claimant is collaterally estopped from asserting that an arbitration award triggers coverage under an insured's lawyers professional liability policy where the arbitration award found the insured liable solely in his capacity as a fund manager


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


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


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


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


CFPB launches inquiry into effectiveness of arbitration clause in protecting consumer rights
  • Wiley Rein LLP
  • USA
  • April 26 2012

On April 24, 2012, the Consumer Financial Protection Bureau (CFPB) released a notice of public inquiry into "how consumers and financial services companies are affected by arbitration and arbitration clauses."