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Results: 1-10 of 1,108

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


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


"Bump up" exclusion bars coverage for claims against insured company, but not against directors & officers
  • Wiley Rein LLP
  • USA
  • November 9 2010

The United States Court of Appeals for the First Circuit, applying Massachusetts law, has held that the plain language of an "inadequate consideration" or "bump up" exclusion bars coverage for that portion of a settlement payment made to settle claims against the company, but not to any amounts that may have been paid to indemnify directors and officers


Advertising is not a professional service under insurance agents and brokers professional liability policy
  • Wiley Rein LLP
  • USA
  • February 4 2009

An intermediate state appellate court in Illinois has held that transmitting advertisements for health insurance by an insurance agency did not constitute professional services under an insurance agents and brokers professional liability policy


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


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 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


The discoverability of an insurer’s loss reserves
  • Wiley Rein LLP
  • USA
  • September 10 2008

The discoverability of an insurer's loss reserves, or the money an insurer sets aside to cover potential liabilities, frequently arises in coverage litigation


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


Out-of-state punitive damages award precluded from coverage under New York law when it would offend the public policy of New York and the other state
  • Wiley Rein LLP
  • USA
  • August 14 2012

Applying New York law, the New York Supreme Court, New York County, has found that a professional liability policy precludes coverage for the punitive damages portion of a jury verdict award against an insured in an out-of-state action