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Results: 1-10 of 1,108

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


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


No coverage for claim first made prior to policy period and because insureds had knowledge of wrongful act prior to policy's inception
  • Wiley Rein LLP
  • USA
  • September 15 2011

The United States District Court for the District of New Hampshire, applying New Hampshire law, has held that there is no coverage under a professional liability errors and omissions policy where the claim was first made prior to the policy period and the insured had knowledge of the wrongful act prior to the inception date of the policy


Stricker court adheres to dismissal of Medicare claims against liability insurers and others; rejects government's continuing accrual and tolling arguments
  • Wiley Rein LLP
  • USA
  • August 18 2011

In a significant victory for liability insurers and others, on Friday, August 12, 2011, United States District Court Judge Karon Owen Bowdre rejected the United States' motion to reconsider her September 30, 2010 order dismissing on statute of limitations grounds the Medicare recovery claims brought against the attorneys representing the Abernathy plaintiffs, the chemical companies sued in Abernathy as the alleged tortfeasor defendants and the chemical companies' liability insurance carriers


No coverage under E&O policy for claim for tortious interference
  • Wiley Rein LLP
  • USA
  • December 13 2013

The United States Court of Appeals for the Sixth Circuit has held that coverage is not available under a policy providing coverage for claims


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


Innocent insured provision precludes imputation of knowledge for application question
  • Wiley Rein LLP
  • USA
  • October 10 2012

Applying New Hampshire law, the Supreme Court of New Hampshire has held that rescission of a policy based on misrepresentations in an application was improper because the policy’s innocent insured provision precluded imputation of knowledge of one insured’s wrongful acts to another, non-participating insured who completed the application


Policy with more specific “other insurance” provision trumps, policy with more general provision must be exhausted first
  • Wiley Rein LLP
  • USA
  • May 12 2014

The United States Court of Appeals for the Second Circuit has held that, with respect two insurance policies providing coverage for malpractice


When other insurance provisions conflict, standard escape provisions will not prevail over excess provisions
  • Wiley Rein LLP
  • USA
  • January 24 2013

The United States Court of Appeals for the Sixth Circuit, applying Kentucky law, has found that when other insurance provisions in two policies