A federal district court, applying Washington law, has held that coverage for a claim was barred because an insured failed to provide notice within the claim-made policy’s reporting deadline.
In November 2017, the insured...more
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
The United States District Court for the District of Minnesota, applying Minnesota law, has held that a media tech policy’s antitrust and consumer protection laws exclusions precluded coverage for the underlying litigation....more
The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an insurer’s complaint plausibly alleged that the insured had breached the terms of the policy’s cooperation clause....more
The United States District Court for the District of Utah, applying Utah law, has held that an insured v. insured exclusion barred coverage for the entirety of a “mixed” action brought by both insured and non-insured...more
A federal district court, applying Missouri law, has held that an insurer had no duty to defend or indemnify an insured because the underlying litigation alleged intentional conduct that was barred by an intentional acts...more
A federal district court, applying California law, has held that an insurer owed a duty to defend and indemnify an insured in an underlying nuisance litigation under a not-for-profit D&O policy, as the policy’s pollution,...more
1/25/2022
/ Breach of Contract ,
D&O Insurance ,
Duty to Defend ,
Easements ,
Enforcement ,
Excessive Noise ,
Homeowners Association (HOA) ,
Indemnity Agreements ,
Insurance Industry ,
Insurance Litigation ,
Maintenance ,
Nuisance ,
Property Damage ,
Reservation of Rights ,
Speed Limits
The United States Court of Appeals for the Sixth Circuit, applying Kentucky law, has held that the insured-versus-insured exclusion in a directors and officers liability policy precluded coverage for an underlying litigation...more
The United States Court of Appeals for the Fifth Circuit, applying Texas law, held that an insurer owed a duty to defend its insured in an underlying litigation stemming from a payment card breach because it found that the...more
Applying the law of Mississippi, a federal district court held that coverage was unavailable under a claims-made policy for an underlying lawsuit because the lawsuit, which was filed after the expiration of the policy period,...more