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Results: 11-15 of 15

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


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


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


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


Insurance agent’s employee not an “insured” when alleged to be acting on behalf of an uninsured agency
  • Wiley Rein LLP
  • USA
  • November 18 2013

The United States District Court for the Southern District of Texas, applying Texas law, has held that an insurance agent's E&O carrier had no duty