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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


Breach of contract not a wrongful act under errors and omissions policy
  • Wiley Rein LLP
  • USA
  • May 12 2009

The United States District Court for the Northern District of Illinois, applying Illinois law, has held that a policyholder’s alleged breach of contract was not a "Wrongful Act" within the meaning of an errors and omissions policy


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


Texas Court finds ambiguity between related claims provision and prior or pending litigation exclusion
  • Wiley Rein LLP
  • USA
  • August 2 2013

Applying Texas law, a Texas intermediate appellate court has held that a prior or pending litigation exclusion conflicted with a related claims


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


Appellate court upholds allocation of loss based on “relative exposure” standard
  • Wiley Rein LLP
  • USA
  • July 20 2007

The New York Supreme Court Appellate Division has affirmed a trial court's ruling that the terms of a management liability policy allowed the insurer to allocate loss between insured and non-insured parties through the application of the "relative exposure" standard


District court withdraws reference to the bankruptcy court of non-core coverage actions
  • Wiley Rein LLP
  • USA
  • July 14 2011

The United States District Court for the Central District of California has granted motions by eight directors and officers liability insurers to withdraw the reference to the bankruptcy court of two coverage actions involving coverage for claims against former directors and officers of a bank holding company


Shining the spotlight on McCarran-Ferguson; what happens when state and federal legislative goals collide?
  • Wiley Rein LLP
  • USA
  • June 7 2011

A recent opinion by the Texas Supreme Court (Ojo v. Farmers Group, Inc. No. 10-0245, issued May 27, 2011) has illuminated the crux of the conflict between state regulation of insurance and broader policy objectives of the federal government


Notice of circumstances was too general to satisfy policy
  • Wiley Rein LLP
  • USA
  • June 14 2007

A federal district court in Illinois has held that a policyholder failed to provide sufficient notice of circumstances that could potentially give rise to a claim to trigger coverage under a D&O policy where the policyholder informed the insurers that it was "contemplating" filing for bankruptcy and expected claims to be filed against its directors and officers


First-party property coverage issues arising from contaminated products claims
  • Wiley Rein LLP
  • USA
  • September 30 2007

A company that destroys its inventories of goods or products due to contamination or some other defect sometimes makes a claim under its first-party property insurance, especially if it has not purchased recall or similar specialty insurance