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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


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


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


Policy exclusion bars coverage for violation of California overtime law
  • Wiley Rein LLP
  • USA
  • August 18 2008

The United States District Court for the District of Kansas, applying Kansas law, has held that an exclusion in an employment practices liability insurance policy for claims involving violations of certain labor laws precluded coverage for a suit against the insured company alleging violations of the California Labor Code


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’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


No E&O or D&O coverage for investigation by attorney general
  • Wiley Rein LLP
  • USA
  • July 26 2011

Applying California law, a federal district court has held that a social networking website could not recover under its professional liability policy for amounts incurred in connection with an investigation by the New York Attorney General (NYAG) because the matter did not involve professional services within the scope of the policy’s errors and omissions coverage and because the allegations triggered the professional services exclusion in the directors and officers liability (D&O) coverage section. Tagged, Inc


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


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


Delaware court: separate causes of action may constitute separate “claims” under D&O policy
  • Wiley Rein LLP
  • USA
  • March 16 2007

The Supreme Court of Delaware has held that each cause of action pleaded against an insured in a single complaint may constitute a separate "claim" under a D&O policy