William Knauss, III on Policy Terms

Third Circuit: Changes in Exposure Provision Bars Coverage for Pre-Merger Liabilities

In a win for Wiley’s client, the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, affirmed judgment on the pleadings in favor of a group of insurers on the ground that a Changes in Exposure...more

3/27/2025 / Acquisitions , Appeals , Banks , Denial of Insurance Coverage , Financial Institutions , Insurance Industry , Insurance Litigation , Mergers , Policy Terms , Risk Management

No Coverage for Wrongful Acts of Acquired Company Occurring Before Purchase

In a win for Wiley’s client, the United States District Court for the Western District of Pennsylvania, applying Pennsylvania law, determined that an insured was not entitled to coverage for a judgment against it because both...more

3/21/2024 / Denial of Insurance Coverage , Insurance Claims , Insurance Industry , Insurance Litigation , Policy Exclusions , Policy Terms , Wrongful Acts

Illinois Federal Court Holds No Duty to Defend Lawsuit Alleging BIPA Violations

The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an insurer had no duty to defend an insured against a lawsuit alleging violations of the Illinois Biometric...more

3/5/2024 / Corporate Counsel , Fair Credit Reporting Act (FCRA) , Insurance Claims , Insurance Industry , Insurance Litigation , Policy Exclusions , Policy Terms , TCPA

Insurer Must Show that Reasonable Insured Would Have Concluded that Potential Claim Could Arise from Ongoing Investigation in...

The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, denied an insurer’s motion for summary judgment on the grounds that a genuine dispute of material fact existed as to...more

12/14/2023 / Bad Faith , D&O Insurance , Insurance Claims , Insurance Industry , Insurance Litigation , Policy Exclusions , Policy Terms

Insured’s False “Expression of Personal Belief or Opinion” Insufficient to Warrant Rescission of Policy

Applying Ohio law, the United States Court of Appeals for the Sixth Circuit held that an insured’s incorrect “expression of personal belief or opinion” in a renewal application only rendered the policy voidable, not void ab...more

9/15/2021 / Insurance Industry , Insurance Litigation , Policy Terms

Innocent Insured Provision Applies Where Insured Failed to Comply with Policy’s Reporting Provision

Applying Georgia law, the United States Court of Appeals for the Eleventh Circuit held that a policy’s “innocent insured” provision regarding “giving of notice” applied where an innocent insured would lose coverage due to...more

6/30/2021 / Innocent Insured , Insurance Industry , Insurance Litigation , Policy Terms , Professional Liability Insurance , Reporting Requirements

Kentucky Court Holds That Notice-Prejudice Rule Does Not Apply to Claims-Made-And-Reported Policies

In a matter of first impression, a Kentucky appellate court held that the notice-prejudice rule does not apply to claims-made-and-reported policies. Darwin Nat’l Assurance Co. v. Kentucky State Univ., 2021 WL 1045716 (Ky....more

3/30/2021 / Insurance Claims , Insurance Industry , Insurance Litigation , Notice Prejudice Rule , Notice Requirements , Policy Terms , Professional Liability

Joint Venture Qualifies as a ‘Subsidiary’ Where Insured Holds Partial Economic Interest But 100% of Voting Rights

Applying New York law, the United States District Court for the Southern District of New York has held that a joint venture between the insured and a capital-contributing partner constituted a “subsidiary” of the insured...more

12/24/2020 / D&O Insurance , Insurance Industry , Joint Venture , Policy Terms , Subsidiaries

Insurer that Breached Duty to Defend Bears Burden on Allocation of Defense Costs

Applying Arizona law, the United States District Court for the District of Arizona held that an insurer that breached its duty to defend bears the burden of demonstrating that an allocation of defense costs between covered...more

10/29/2020 / Breach of Duty , Construction Defects , Defense Costs , Duty to Defend , Insurance Claims , Insurance Litigation , Policy Exclusions , Policy Terms

William Knauss, III

Wiley Rein LLP

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