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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


Failure to mention exclusion in denial of coverage letter does not result in estoppel; might result in waiver
  • Wiley Rein LLP
  • USA
  • September 15 2009

Applying California law, the United States District Court for the Eastern District of California held that an insurer was not estopped from denying coverage under a particular exclusion based solely upon allegations that the insurer had failed to rely on the exclusion in a letter denying coverage


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


Dishonesty exclusion precludes coverage for claim based in part upon knowingly wrongful or fraudulent acts
  • Wiley Rein LLP
  • USA
  • April 4 2013

The United States District Court for the Eastern District of New York, applying New York law, has held that a dishonesty exclusion precluding


Concealment of criminal conspiracy is grounds for rescission of professional liability policy
  • Wiley Rein LLP
  • USA
  • December 12 2013

Applying Florida law, a federal district court has held that an insurer may rescind a title agent's E&O policy on account of the insured's failure


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


Prior knowledge exclusion bars coverage where insured knew litigious plaintiff might bring claim
  • Wiley Rein LLP
  • USA
  • May 28 2010

Applying New Jersey law, a federal district court has held that a prior knowledge exclusion barred coverage for a lawsuit against the insured law firm where the underlying claimants had, prior to the inception of the policy, accused the law firm of contributing to the law firm clients' alleged fraud and of improperly withholding certain documents during the course of discovery


D&O policy does not cover SEC or internal investigation costs merely because they relate to or purportedly benefit defense of covered lawsuits
  • Wiley Rein LLP
  • USA
  • November 4 2010

Clarifying an October 15, 2010 order granting summary judgment to insurers, the United States District Court for the Southern District of Florida has determined under Florida law that an office supply company's directors and officers liability insurance policies did not afford coverage for costs incurred in responding to a Securities Exchange Commission (SEC) investigation or conducting an internal investigation costs after the commencement of covered securities litigation despite the insured's contention that such costs related to and purportedly benefitted the defense of the litigation


Court holds that personal profit exclusion bars coverage for claims of interference with contract and violation of consumer protection laws
  • Wiley Rein LLP
  • USA
  • January 14 2013

The United States District Court for the Northern District of California has held that the personal profit exclusion in a directors and officers and