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Results: 1-10 of 1,108

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


GL and PL insurers must share equally for costs covered under both policies despite differing policy limits
  • Wiley Rein LLP
  • USA
  • December 1 2010

The New York Supreme Court, Appellate Division, applying New York law, has held that a general liability insurer is obligated to provide sole primary coverage to an insured for a risk covered under the insured's general liability and professional liability policies until the $100,000 self-insured retention of the professional liability policy has been eroded


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


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


By delaying disclaimer of coverage for 105 days, insurer waiver right to rely on policy exclusions
  • Wiley Rein LLP
  • USA
  • August 6 2013

The United States District Court for the Eastern District of New York, applying New York law, has held that an insurer's 105-day delay in disclaiming


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


No insurer bad faith for delay of claim payment due to uncertain Medicare secondary payer obligations, says Kentucky court
  • Wiley Rein LLP
  • USA
  • July 20 2011

The United States District Court for the Western District of Kentucky, applying Kentucky law, has held that an insurer did not act in bad faith by delaying payment of policy limits until it determined the exact amount of what the court termed "a known Medicare lien."


Prior knowledge exclusion inapplicable where imputation unavailable
  • Wiley Rein LLP
  • USA
  • February 4 2013

The United States for the Southern District of Texas, applying Texas law, has held that a professional liability insurer had a duty to defend where


Failure to obtain consent negates coverage for settlement
  • Wiley Rein LLP
  • USA
  • January 3 2014

The United States Court of Appeals for the Fourth Circuit, looking both to Maryland law and Tennessee law, has held that an insured's breach of a


Reporting requirement in policy conditions does not create claims-made-and-reported coverage
  • Wiley Rein LLP
  • USA
  • March 10 2014

The United States District Court for the Northern District of California, applying California law, has denied an insurer's motion to dismiss its