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Results: 1-10 of 1,108

Insurer has duty to defend where it cannot demonstrate that insured "in fact" committed fraudulent or dishonest acts
  • Wiley Rein LLP
  • USA
  • December 13 2011

The United States District Court for the Southern District of Mississippi, applying Mississippi law, has denied an insurer’s partial motion for summary judgment after concluding that the insurer failed to demonstrate that there was no potential for coverage for the underlying action


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


By delaying disclaimer of coverage for 105 days, insurer waiver right to rely on policy exclusions
  • Wiley Rein LLP
  • USA
  • August 6 2013

The United States District Court for the Eastern District of New York, applying New York law, has held that an insurer's 105-day delay in disclaiming


Insured cannot sue insurer for amounts paid to settle claim without insurer’s consent
  • Wiley Rein LLP
  • USA
  • April 8 2014

The United States District Court for the Northern District of Georgia has dismissed an insured's complaint seeking coverage for amounts it paid to


No coverage for claim based on officer’s ultra vires act, or breach of contract
  • Wiley Rein LLP
  • USA
  • December 12 2007

The United States District Court for the Northern District of California, applying California law, has held that a construction company is not entitled to coverage under its D&O policy because the underlying claim sought recovery for breach of contract and was based on alleged representations by an officer made outside the scope of his authority


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


Seventh Circuit says attorneys’ fees are not damages
  • Wiley Rein LLP
  • USA
  • August 7 2013

The United States Court of Appeals for the Seventh Circuit, applying Illinois law, has held that an insurer must pay the full amount of a $3.15


Insurer’s equitable estoppel defense raises issue of fact with respect to insurer’s reasonable reliance on information provided by insured
  • Wiley Rein LLP
  • USA
  • August 8 2013

The United States District Court for the Eastern District of New York, applying New York law, denied an insurer's motion for reconsideration of a


Texas fortuity doctrine bars coverage under professional liability policy
  • Wiley Rein LLP
  • USA
  • January 11 2007

A Texas court of appeals has held that the fortuity doctrine precludes an insurer from owing a duty to defend under a claims-made professional liability policy