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Punitive damages award fails to implicate dishonesty exclusion
  • Wiley Rein LLP
  • USA
  • June 9 2011

The United States District Court for the Southern District of West Virginia has held that the dishonesty exclusion in a directors, officers and trustees liability policy was not triggered by a jury's award of punitive damages based on a finding of "fraudulent" conduct because the causes of action that gave rise to the jury's verdict against the insured did not involve fraudulent or dishonest conduct


Oklahoma Court holds failure to warn not a covered professional service
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • March 7 2013

In its recent decision in Hanover Am. Ins. Co. v. Saul, 2013 U.S. Dist. LEXIS 29739 (W.D. Okl. Mar. 5, 2013), the United States District Court for


Oklahoma court holds no coverage for medical malpractice claim
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • February 1 2013

In its recent decision in Admiral Ins. Co. v. Thomas, 2013 U.S. Dist. LEXIS 10754 (W.D. Ok. Jan. 28, 2013), the United States District for the


Insurer not entitled to rescission as matter of law based on undisclosed malpractice claim made after application was submitted
  • Wiley Rein LLP
  • USA
  • October 20 2010

The U.S. District Court for the Northern District of Illinois, applying Illinois law, has held that it could not determine that a physician’s failure to disclose a claim made while his application for malpractice insurance was pending was a material misrepresentation as a matter of law


Louisiana court holds coverage available under claims-made policy for claim made after policy expires
  • Wiley Rein LLP
  • USA
  • February 5 2008

A Louisiana Court of Appeal has held that a claims-made policy affords coverage for a malpractice claim made subsequent to the policy period if the claim is made within a year of accrual and the alleged malpractice occurred within the policy period


Payments by captive insurer count as loss for purposes of excess coverage
  • Wiley Rein LLP
  • USA
  • January 13 2011

A trial court in Massachusetts has held that payments by an insured's captive insurer, which provided the primary layer of insurance, count as loss for purposes of triggering an excess insurer's coverage obligation


Liability insurers may have duty to defend against federal prosecutions, California Court of Appeal holds
  • Hinshaw & Culbertson LLP
  • USA
  • May 6 2013

The Second Appellate District of California held on May 1 in Mt. Hawley Ins. Co. v. Lopez that California Insurance Code section 533.5(b) does not


Ninth Circuit affirms dismissal of negligent misrepresentation claim
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • September 4 2013

In its recent decision in MultiCare Health System v. Lexington Ins. Co., 2013 U.S. App. LEXIS 17981 (9th Cir. Aug. 28, 2013), the United States Court


District court narrowly interprets bodily injury exclusion
  • Wiley Rein LLP
  • USA
  • June 23 2011

The United States District Court for the Southern District of West Virginia has narrowly construed a bodily injury exclusion in a professional liability insurance policy in connection with determining that coverage existed for negligent supervision claims against the insured related to allegations of patient molestation by the insured’s employee


Comprehensive medical malpractice reforms advance in House and Senate committees
  • Foley & Lardner LLP
  • USA
  • April 18 2011

Last week, several proposals providing additional medical malpractice protection for physicians, hospitals, and medical schools, as well as proposals requiring out-of-state physicians to obtain expert witness certificates in order to testify in medical malpractice actions, advanced in the House and Senate