News & Analysis as of

Professional Liability Errors and Omissions Policy

Wiley Rein LLP

Illinois Appeals Court Holds an Ankle Monitor Is “Potentially” Computer Hardware Triggering Duty to Defend Under Technology E&O...

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An Illinois appellate court, applying Illinois law, has held that a professional liability carrier had a duty to defend an ankle monitoring company against a lawsuit alleging bodily injury while wearing the ankle monitor...more

Wiley Rein LLP

Insurer With Excess “Other Insurance” Clause Owes No Defense Obligations

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The United States District Court for the Southern District of New York, applying New York law, has held that an E&O insurer had no obligation to contribute toward the defense of an underlying matter in light of its policy’s...more

Wiley Rein LLP

Deceptive Advertising Claim Does Not Allege “Covered Professional Service”

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Applying Georgia law, the U.S. Court of Appeals for the Eleventh Circuit has held that an E&O policy issued to a medical practice did not respond to a claim alleging violations of a state unfair and deceptive trade practices...more

Wiley Rein LLP

Losses Reported by Property Insurer’s Customers Constitute “Claims” Under Insurer’s E&O Policy

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The United States District Court for the Western District of Louisiana, applying Louisiana law, has held that losses reported by customers of an insurance company, for which the customers had no coverage due to the alleged...more

Wiley Rein LLP

No Duty to Defend Lawsuit Alleging Renumeration to which Insured was Not Legally Entitled

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The United States District Court for the Middle District of Florida, applying Florida law, has held that a professional liability insurer had no duty to defend a lawsuit alleging that the insured, a closing agent, wrongfully...more

Wiley Rein LLP

E&O Insurer Has No Duty to Defend Dispute Limited to Recovery of Fees

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Applying Florida Law, the United States District Court for the Middle District of Florida has held that a professional liability insurer had no duty to defend an action that exclusively sought the return of fees charged by...more

Pillsbury - Policyholder Pulse blog

Contractual Liability Exclusion Excised from E&O Policy for Professional Services Company

In an important decision in the world of professional liability (including D&O and E&O policies), the Seventh Circuit recently held that a “contractual liability” exclusion—i.e., an exclusion for claims “based upon or arising...more

Carlton Fields

Cow Manure Meets Insurance Law: Seventh Circuit Addresses Breach of Contract Exclusions in Malpractice Insurance

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Errors and omissions (E&O) and directors and officers (D&O) professional liability insurance policies commonly contain breach of contract endorsements that exclude coverage for claims “based upon or arising out of” a breach...more

White and Williams LLP

Eleventh Circuit Defers to Insurer’s Definition of Professional Services

Does an Errors & Omissions (E&O) insurer have a duty to defend its insured mental healthcare provider when the policyholder was not licensed to provide such mental health counseling services? The Eleventh Circuit recently...more

Pillsbury - Policyholder Pulse blog

Allocation Clauses in D&O and E&O Policies – Traps for the Unwary

Some of the biggest pitfalls for policyholders lie camouflaged among seemingly “standard” policy conditions—often overlooked during the procurement or renewal process. This is especially true of allocation clauses, found most...more

Hinshaw & Culbertson LLP

Mistakes Happen - How to Respond When They Do

Attorneys are human. They make mistakes. However, how an attorney responds to a mistake may be more important than the mistake itself. In the face of potential civil liability, sanctions or disciplinary proceedings, care...more

Pillsbury Winthrop Shaw Pittman LLP

Perspectives on Insurance Recovery

Welcome to the latest edition of Pillsbury’s Perspectives on Insurance Recovery. As this 2015 edition of Perspectives demonstrates, our team is working on the most challenging issues—from cyber-insurance and complex claims...more

Bradley Arant Boult Cummings LLP

Are You Covered When the CFPB Comes Calling? Protecting Insurance Coverage for CFPB Investigation Defense and Settlement Costs

Receiving a Consumer Financial Protection Bureau (CFPB) Civil Investigative Demand or Proposed Action, Response Request (PARR) letter is never good news. However, that news can become significantly worse if you discover, to...more

McNees Wallace & Nurick LLC

Insuring Your Business -- June 2013

In This Issue: How Long Should I Keep My Insurance Policies? and Coverage Spotlight: Contract Litigation Insurance. Excerpt from How Long Should I Keep My Insurance Policies? - Policyholders often ask,...more

McNees Wallace & Nurick LLC

How Long Should I Keep My Insurance Policies?

Policyholders often ask, “How long should I keep my insurance policies?” Is it three years? Seven years? The short answer is none of the above. Here are some brief recommendations regarding document retention for insurance...more

McNees Wallace & Nurick LLC

Is That Covered? How Long Should I Keep an Insurance Policy?

Here's an often asked question: "How long should I keep my insurance policies?" Is it three years? Seven Years? The short answer is none of the above. Here are my recommendations...more

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