A New Jersey appellate court, applying New Jersey law, has held that the capacity exclusion in a directors and officers policy precluded coverage for a settlement of lawsuits alleging that an insured director defrauded a...more
In a win for Wiley’s client, the United States District Court for the Eastern District of Arkansas, applying Arkansas law, has held that a cyber policy’s business interruption coverage should not result in a windfall for an...more
The United States District Court for the Central District of California, applying California law, has held that an underlying pleading sufficiently alleged that an individual was sued in an insured capacity as an officer of...more
The Appellate Court of Illinois, First District, applying Illinois law, has held that two general liability insurers do not owe a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA)...more
1/5/2024
/ Appellate Courts ,
Biometric Information Privacy Act ,
Commercial General Liability Policies ,
Cyber Insurance ,
Data Storage ,
Duty to Defend ,
Fingerprints ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
TCPA
In a win for Wiley’s clients, a Louisiana federal court, applying Louisiana law, has held that an insured’s contractual obligation to remit funds to a lender did not constitute a Claim under a cyber policy, and that vehicle...more
The Appellate Court of Illinois, First District, applying New York law, has held that an insurer owed a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA) violations because the...more
The United States District Court for the Central District of California, applying California law, has held that an insurer must show prejudice to deny coverage for untimely notice under a claims-made policy....more
The United States Court of Appeals for the Sixth Circuit, applying Ohio law, has held that a directors and officers policy’s employment practices exclusion barred coverage for a wrongful death suit alleging failure to...more
Applying Kentucky law, the Kentucky Supreme Court has held that a prior notice exclusion did not bar coverage for a claim related to a government investigation noticed and accepted by a prior insurer because the insurers were...more
Applying California law, the United States District Court for the Northern District of California has held that correspondence to an underwriter referencing a claim during the renewal process did not satisfy the notice...more
A magistrate judge of the United States District Court for the Western District of Texas has issued a report and recommendation to the District Court concluding that the contract exclusion in a directors and officers...more
Applying Maine law, the United States District Court for the District of Maine has held that a legal professional liability insurer had a duty to defend an insured attorney against a suit alleging sexual assault of a client,...more
Applying Texas law, the United States District Court for the Western District of Texas has held that a claims-made policy did not provide coverage for an underlying suit where the allegations in that lawsuit were based on the...more
The United States District Court for the Central District of California, applying California law, has held that the contract exclusion of a private equity liability policy bars coverage for a lawsuit alleging fraudulent...more
Applying New York law, the United States District Court for the Southern District of New York has held that an SEC investigation of the insured company did not constitute a “Securities Claim,” where the term expressly...more