The United States District Court for the Southern District of Florida, applying Florida law, has held that a professional liability insurer did not have a duty to defend or indemnify its insured in a lawsuit involving the...more
In a win for Wiley’s client, the United States District Court for the Eastern District of New York, applying New York law, has held that a private company management and employment practices liability policy does not cover a...more
The United States Court of Appeals for the Third Circuit, applying New Jersey law, has affirmed that an excess policy did not provide coverage when an insured could not satisfy an express condition precedent to coverage...more
The United States District Court for the Central District of California, applying California law, has held that, based on the initial pleadings, it could not determine in the insurer’s favor whether wrongful acts alleged...more
Applying New York law, the United States District Court for the Southern District of New York has held that no coverage exists under a professional liability policy because the lawsuit for which the insured sought coverage...more
The United States District Court for the District of Colorado, applying Colorado law, has held that claimants were not entitled to coverage for default judgments because the insured dentist failed to provide notice of the...more
The United States District Court for the Western District of Louisiana, applying Louisiana law, has held that material issues of fact precluded summary judgment that an insurer waived or was equitably estopped from raising...more
The United States District Court for the Northern District of Illinois, applying Illinois law, has held that a claim was deemed first made when the insured received actual, rather than constructive notice of the claim....more
Applying New Jersey law, the United States District Court for the Southern District of Florida has held that an insurer had no duty to defend or indemnify an insured’s subsidiary because the auditing services at issue did not...more
Applying California law, the United States Court of Appeals for the Ninth Circuit has held that three printing errors constituted a single wrongful act subject to a policy’s single claim limit. Impress Commc’n Inc. v....more
Applying Illinois law, the U.S. District Court for the Northern District of Illinois has held that a D&O policy’s professional services and contract exclusions do not bar coverage for lawsuits seeking damages for fees and...more
Applying Michigan law, the U.S. District Court for the Eastern District of Michigan has held that an E&O policy’s securities exclusion applied and the insurer’s duty to defend ceased as of the filing of an amended complaint...more
Applying New York law, the United States District Court for the Southern District of New York has held that a D&O insurer had a duty to defend a counterclaim that at least arguably made allegations of wrongful conduct against...more
Applying Montana law, the Ninth Circuit Court of Appeals has held that a claim made during one claims-made policy period but not noticed until a second policy period was not covered under either policy. Capitol Specialty Ins....more
Upholding a “law most favorable” provision with respect to the insurability of ill-gotten gains, the Delaware Superior Court has concluded that Delaware law, rather than New York law, applies to a coverage dispute regarding...more
The United States District Court for the Southern District of New York, applying New York law, has concluded that, even though a grievance letter to an insured constituted a “Professional Claim” that was not timely reported,...more