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

In a win for Wiley’s client, a New York intermediate appellate court, applying New York law, has affirmed that no coverage is available for a legal malpractice lawsuit because the “claim” was first made before 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

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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