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Locke Lord LLP | USA | 12 Jul 2010

Connecticut District Court: insurer's default judgment does not necessarily preclude litigation in subrogation action

A Connecticut District Court recently held that plaintiffs, who brought a subrogation action to recover a judgment entered in their favor in an underlying legal malpractice action against their attorneys, were entitled to litigate coverage issues even though the attorneys' insurer obtained a default judgment against the attorneys in a separate coverage action.


Locke Lord LLP | USA | 2 Jul 2010

Ninth Circuit affirms ruling that reinsurer has no duty to contribute to settlement payment where reinsured excess policy was not triggered

Texas Farmers Insurance Company ("Texas Farmers") issued claims-made insurance policies (transformed into occurrence-based policies through endorsement) to Kaiser Permanente, a medical facility, for the policy periods of 4999-4900, 4900-4901, and 4901-4902.


Locke Lord LLP | USA | 27 Jan 2010

Tenth Circuit holds demand sent to former partner of insured law firm triggered notice provision of claims made and reported policy

The Tenth Circuit recently held that a law firm was not entitled to coverage from its malpractice insurer because a former partner of the firm had received a demand, unbeknownst to the firm, prior to the policy period.


Locke Lord LLP | USA | 23 Dec 2009

Court examines duty to defend funeral homes accused of participation in organ harvesting

A federal judge in Pennsylvania recently examined whether an insurer must defend a crematorium and funeral home against several lawsuits alleging that they participated in an organ harvesting scheme.


Locke Lord LLP | USA | 19 Nov 2009

NY lower court holds that Insurance Law 3420(a) applies to lawyer’s claims-made malpractice policy

The New York Supreme Court, Erie County, recently held that a lawyers’ professional liability policy constitutes a "policy or contract insuring against liability for injury to person" within the meaning of Insurance Law 3420(a)(3)-(4).


Locke Lord LLP | USA | 19 Nov 2009

NY Court of Appeals applies Pennsylvania law to bar coverage for malpractice claim pursuant to prior knowledge exclusion

Reversing the intermediate appellate court, New York’s highest court recently granted summary judgment in favor of two excess insurers based upon their policies’ prior knowledge exclusion.


Locke Lord LLP | USA | 26 Oct 2009

New York Court of Appeals determines that the prior knowledge exclusion applies under Pennsylvania law where insured has knowledge of a client's wrongful conduct that is likely to result in a claim against the insured

The New York Court of Appeals recently overturned an Appellate Division decision denying excess insurers summary judgment based on prior knowledge exclusions contained in professional liability policies issued to the insured law firm.


Locke Lord LLP | USA | 23 Oct 2009

Sixth Circuit finds court order requiring insurer to produce privileged documents not clearly erroneous

The Sixth Circuit recently denied an insurer’s petition for a writ of mandamus to vacate a discovery order compelling the production of information which the insurer argued was protected from discovery by the work-product andor attorney-client privileges.


Locke Lord LLP | USA | 18 Aug 2009

Governor Paterson announces appointment of New York Superintendent of Insurance

On August 14, 2009, Governor Paterson announced the appointment of James J. Wrynn to serve as Superintendent of the New York State Insurance Department (the “Department”).

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