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No Coverage for Lawsuit Served on Insured’s Registered Agent Prior to Policy Inception

In a win for Wiley’s client, the U.S. Court of Appeals for the Eleventh Circuit, applying District of Columbia law, affirmed judgment on the pleadings that no coverage is available for a lawsuit because the “claim” was first...more

Warranty Exclusion Bars Coverage for Demand Letter Referencing SEC Lawsuit Alleging Fraud by Insured Prior to Warranty Date

The U.S. Court of Appeals for the Ninth Circuit, applying Nevada law, has held that a policy’s warranty exclusion bars coverage for a demand letter alleging that the insured was on notice of fraud by the named insured’s...more

No Coverage for Lawsuit Where “Claim” First Made at Time of Tolling Agreement

In a win for Wiley’s client, the Supreme Court of New York for New York County, applying New York law, has held that no coverage is available for a legal malpractice lawsuit because the “claim” was first made before the...more

First Circuit Holds No Coverage Where Insured Failed to Provide Timely Notice of Claim

The United States Court of Appeals for the First Circuit, applying Massachusetts law, held that no coverage was available for a lawsuit because the insured failed to provide timely notice to the insurer. The insured...more

Arbitration Award for Amounts Owed Under Separation Agreement Not Covered Loss

In a win for Wiley’s client, the United States Court of Appeals for the Ninth Circuit, applying California law, held that no coverage was available for an arbitration award awarding amounts owed under a CEO’s separation...more

Coverage Barred for Lawsuit Tendered to Insurer After Two-Year Delay

An intermediate Michigan appellate court has held that coverage was barred for a lawsuit tendered to an insurer nearly two years after the lawsuit was filed because the insured’s late notice did not satisfy the policy’s...more

No Coverage for “Related Claims” Derived From Single Transaction Where First Claim Was Not Timely Noticed to Insurer

The U.S. District Court for the Northern District of Illinois, applying Illinois law, has held that a complaint and cross-claims filed in the same lawsuit constitute “related claims” and therefore a single claim first made at...more

Prior or Pending Litigation Exclusions Bar Coverage for Contempt Motion Filed in Civil Action Commenced Before Prior or Pending...

The U.S. District Court for the Northern District of Illinois, applying Illinois and Nevada law, has held that prior or pending litigation exclusions bar coverage for a contempt motion filed in a civil action commenced before...more

Prior Knowledge Exclusion Bars Coverage Because Failure to Comply With Statute of Limitations Could Reasonably Be Expected to Be...

The U.S. District Court for the Southern District of Georgia, applying Georgia law, has held that a prior knowledge exclusion bars coverage as a matter of law because the insured should have known that a failure to comply...more

Exchange Offer Constitutes “an Offer to . . . Sell any Securities” of Insured Triggering Coverage for “Securities Claims”

The U.S. District Court for the District of New Jersey, applying New Jersey law, has held that a lawsuit brought by a target company’s shareholders against an insured after a failed acquisition that involved a stock exchange...more

No Coverage Under Claims-Made Policy Where No 'Claim' Made Against Insured During Policy Period

The Superior Court of Pennsylvania, applying Pennsylvania law, has affirmed a trial court’s decision that coverage is not available under a claims-made policy where no “claim” was made against the insured during the policy...more

No Duty to Defend When Demand Letter Received Prior to Policy Period

The Court of Appeals of Arkansas, applying Arkansas law, has affirmed a trial court’s decision that an insurer had no duty to defend where the insured received a demand letter constituting a claim under the policy prior to...more

Duty to Defend Where Complaint Contains Potentially Covered Allegations

The United States District Court for the Southern District of Florida, applying Florida law, has determined that two lawyers professional liability insurers had a duty to defend where the underlying complaint included at...more

WARN Act Exclusion Bars Coverage for Breach of Fiduciary Duty Lawsuit

The United States District Court for the Northern District of California, applying California law, has held that an exclusion barring coverage “in connection with a Claim” for violation of the WARN Act barred coverage for a...more

Law Firm’s Misrepresentations in Insurance Application Warrant Recission Under Utah Statute

The United States District Court for the District of Utah, applying Utah law, has held that a law firm’s representation in its insurance application that it lacked knowledge of any incident, act, error, or omission that could...more

Email Expressing Intention to Discuss Settlement Constitutes “Claim”

The U.S. District Court for the Middle District of Florida, applying Florida law, has held that an email stating that the sender intended “to move forward with discussions concerning a national settlement” regarding the...more

No Allocation for Defense Costs Incurred in Lawsuit Comprised of Covered and Uncovered “Claims”

The U.S. District Court for the Northern District of California, applying California law, has held that, under a duty to defend policy, an insurer was required to pay defense costs incurred in a lawsuit where the lawsuit...more

Single Lawsuit Comprised of Multiple “Claims”

The U.S. District Court for the Northern District of California, applying California law, has found that a single lawsuit contains multiple “Claims.” Stem, Inc. v. Scottsdale Ins. Co., 2021 WL 1736823 (N.D. Cal. May 3,...more

Insurer Waived Right to Assert Policy Exclusion First Raised in Answer to Declaratory Judgment Complaint

The U.S. District Court for the Southern District of New York, applying New York law, has concluded that an insurer waived the right to assert a policy exclusion as a coverage defense in a declaratory judgment action after...more

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