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Results: 1-10 of 1,108

Lawsuit based on negligent property management services barred by "professional services" exclusion
  • Wiley Rein LLP
  • USA
  • June 15 2012

An appellate court in California has affirmed a lower court’s ruling that a professional services exclusion barred coverage for a lawsuit based on the negligent performance of property management services at an apartment complex


Fifth Circuit says insurers do not have to show prejudice to enforce notice provisions in pollution buyback endorsements
  • Wiley Rein LLP
  • USA
  • August 8 2013

In two separate cases, the United States Court of Appeals for the Fifth Circuit, applying Texas law in one case and Louisiana law in the other, has


Missouri Court holds coverage for wrongful conviction triggered by arrest
  • Wiley Rein LLP
  • USA
  • February 5 2013

A Missouri Court of Appeals has held that the triggering event for insurance coverage purposes in a civil rights action based on wrongful arrest and


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


Insurer must defend where underlying complaint alleges misconduct both before and after the policy’s retroactive date
  • Wiley Rein LLP
  • USA
  • November 6 2007

The United States District Court for the Southern District of Mississippi, applying Mississippi law, has granted summary judgment for an insured attorney, holding that his insurer was obligated to defend the attorney where the underlying complaint alleged misconduct that occurred both before and after the retroactive date in the attorney's professional liability policy


Court denies federal private right of action to Medicare Advantage Plan seeking to step into secondary payer shoes of Medicare to sue liability insurer
  • Wiley Rein LLP
  • USA
  • June 30 2011

The United States District Court for the Eastern District of Pennsylvania joined a small but growing number of federal courts in rejecting a Medicare Advantage organization’s (MAO’s or MA Plan’s) assertion of a private right of action under the Medicare Advantage Program’s secondary payer provisions


Michigan court: no prejudice necessary to disclaim coverage for claim made after expiration of claims-made policy
  • Wiley Rein LLP
  • USA
  • June 14 2010

The Michigan Court of Appeals has held that an insurer need not establish prejudice to disclaim coverage for a claim reported over a year after the expiration of the relevant claims-made policy


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


Violations of consumer protection law considered intentional acts that do not constitute a "wrongful act"
  • Wiley Rein LLP
  • USA
  • December 13 2013

The United States District Court for the District of Kansas, applying Arizona law, has held that no coverage is available under an E&O policy for a