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Results: 1-10 of 1,108

Supreme Court clarifies application of Fair Credit Reporting Act to insurance underwriting; important practical issues remain open
  • Wiley Rein LLP
  • USA
  • June 4 2007

Long-awaited rulings today by the U.S. Supreme Court in consolidated cases resolved crucial disputes about how the "adverse action" notifications provision of the federal Fair Credit Reporting Act (FCRA) applies to personal lines underwriting actions


Definition of wrongful act and intentional acts exclusion bar coverage for action alleging fraud and conspiracy
  • Wiley Rein LLP
  • USA
  • November 14 2012

Applying Illinois law, the Appellate Court of Illinois has held, based on the policy’s definition of “wrongful act” and its intentional acts exclusion, that a professional liability insurer has no duty to defend an action alleging fraud and conspiracy


Proof of prejudice under general liability policies
  • Wiley Rein LLP
  • USA
  • December 18 2008

Prejudice is a factor in establishing late notice under general liability policies in the majority of jurisdictions nationwide


Notice under occurrence policies: issues beyond the prejudice debate
  • Wiley Rein LLP
  • USA
  • December 18 2008

This article will review key notice issues under occurrence-based policies, underscoring how multifaceted and complex the questions are that can arise when a notice defense is presented


Notice of intent to sue attorney for malpractice triggered duty to defend claim for sanctions
  • Wiley Rein LLP
  • USA
  • January 30 2009

Applying Pennsylvania law, a federal district court has held that a letter advising an insured attorney that his former client intended to bring suit for malpractice constituted a “claim” under a professional liability policy such that the insurer was obligated to defend pre-suit proceedings against the attorney for sanctions that had been brought by opposing counsel in the underlying action and in which the former client had joined the demand for relief


Notice issues arising under claims-made policies: an overview
  • Wiley Rein LLP
  • USA
  • December 18 2008

The notice requirements of claims-made policies serve many of the same purposes as do the notice requirements of occurrence policiesfor example, prompt notice allows an insurer to investigate a claim, participate in the defense (if appropriate) and effectuate an early settlement where warranted


Declaratory judgment action not ripe when no underlying suit had been filed against insured
  • Wiley Rein LLP
  • USA
  • February 3 2014

The United States District Court for the Northern District of Texas dismissed a lawsuit against an insurer seeking a declaration of the insurer's


Complaint filed with Department of Insurance is a “claim”
  • Wiley Rein LLP
  • USA
  • November 25 2013

The United States District Court for the Eastern District of Texas, applying Texas law, has held that a complaint filed with the Texas Department


Priority of payments provision allows insurer to make settlement payments on covered claims against directors and officers
  • Wiley Rein LLP
  • USA
  • October 25 2012

The United States Bankruptcy Court for the District of Nebraska has held that an insurer may make settlement payments for claims against a debtor’s directors and officers where any claims of the debtor are subordinate to those of the directors and officers under the terms of the policy


Exclusion for "liability assumed under contract" held not to exclude all breach of contract claims but only indemnity or hold harmless agreements
  • Wiley Rein LLP
  • USA
  • July 19 2011

The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has denied summary judgment for an insurer and granted summary judgment for an insured, holding that an exclusion for "liability assumed under contract" does not preclude coverage for an insured bank's alleged wrongful failure to extend credit to a customer