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Results: 1-10 of 418

New York Court of Appeals determines that the prior knowledge exclusion applies under Pennsylvania law where insured has knowledge of a client's wrongful conduct that is likely to result in a claim against the insured
  • Locke Lord LLP
  • USA
  • October 26 2009

The New York Court of Appeals recently overturned an Appellate Division decision denying excess insurers summary judgment based on prior knowledge exclusions contained in professional liability policies issued to the insured law firm


California enacts STOLI legislation
  • Locke Lord LLP
  • USA
  • October 19 2009

On October 11, 2009, California Governor Arnold Schwarzenegger signed S.B. 98 (the “Act”), which targets stranger originated life insurance (“STOLI”) transactions


Second Circuit: distinguishing between policy definitions subject to NY Insurance Law 3420(d)(2)’s timely disclaimer requirement as an exclusion and those that are not
  • Locke Lord LLP
  • USA
  • June 16 2010

In a decision issued on February 1, 2010, the United Stated Court of Appeals for the Second Circuit confirmed that under New York law some policy provisions, although placed outside of the policy's "Exclusions" section, may nonetheless be considered an exclusion and, therefore, subject to the timely disclaimer and denial requirement of NY Insurance Law 3420(d)(2


Texas bans use of discretionary clauses in insurance contracts
  • Locke Lord LLP
  • USA
  • December 7 2010

The Texas Department of Insurance (“TDI”) has officially banned the use of discretionary clauses in insurance contracts with an order issued on December 3, 2010


New York State Court denies motion to compel discovery of reinsurance and reserve information
  • Locke Lord LLP
  • USA
  • July 29 2010

In Mt. McKinley Ins. Co. v. Corning Inc., 2010 NY Slip Op 20235 (N.Y. Sup. Ct. June 14, 2010), an insured (“Corning”) moved to compel discovery of reinsurance and reserve information from its insurers, arguing that this information was relevant, material and necessary to its coverage claim


Connecticut district court grants summary judgment to insurer on bad faith claim
  • Locke Lord LLP
  • USA
  • December 28 2010

The United States District Court for the District of Connecticut recently granted a property insurer's motion for summary judgment on a claim that the insurer acted in bad faith when it denied coverage to its insured for damage to the basement walls in the insured's home


Massachusetts highest state court: pro-rata “time-on-the-risk” allocation method applies to ongoing environmental pollution occurring over multiple policy periods
  • Locke Lord LLP
  • USA
  • August 4 2009

The Massachusetts Supreme Judicial Court recently held that where an insured "incurs covered costs as a result of ongoing environmental contamination occurring over more than one year and the insurer provided coverage for less than the full period of years in which contamination occurred," the loss should be pro rated among all the insurers on the risk during the relevant period


NY lower court holds that Insurance Law 3420(a) applies to lawyer’s claims-made malpractice policy
  • Locke Lord LLP
  • USA
  • November 19 2009

The New York Supreme Court, Erie County, recently held that a lawyers’ professional liability policy constitutes a "policy or contract insuring against liability for injury to person" within the meaning of Insurance Law 3420(a)(3)-(4


First Circuit: no coverage under claims made and reported policy if insured fails to report claim within policy period
  • Locke Lord LLP
  • USA
  • July 29 2009

The First Circuit recently held that an insured was not entitled to coverage under a Professional Liability claims made and reported policy where the claim is not both made against the insured and reported to the insurer within the policy period


Recent Second Circuit decision denies insurance claims against Italian insurer on Holocaust-era policies
  • Locke Lord LLP
  • USA
  • June 16 2010

In a recent decision, In re Assicurazioni Generali, 592 F.3d 113 (2d Cir. 2010) (“Generali”), the United States Court of Appeals for the Second Circuit affirmed the dismissal of plaintiffs’ claims on the ground that they were preempted by an Executive Branch foreign policy favoring the resolution of such claims solely through the International Commission on Holocaust Era Insurance Claims (“ICHEIC”