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Personnel Policies Exclusion Bars Coverage for Negligence Action Arising from Alleged Sexual Harassment and Assault of Insured’s...

The United States District Court for the Western District of Pennsylvania, applying Pennsylvania law, has held that a personnel policies exclusion bars coverage for an employee’s negligence action against the insured...more

Insured v. Insured Exclusion Bars Coverage for Bankruptcy Trustee’s Claims Where Policy Defines “Insured” to Include Trustees and...

The United States Bankruptcy Court for the Northern District of Illinois, applying Illinois law, has held that an insured v. insured exclusion in a D&O policy bars coverage for a trustee’s claims against a bankrupt insured...more

Conduct Exclusions Inapplicable Absent Finding of Insured’s Dishonesty or Intent to Deceive

The United States District Court for the Southern District of California, applying California law, has held that: (i) a D&O policy’s dishonesty exclusion did not bar coverage where the judgment at issue did not include a...more

Outside Entity Exclusion Precludes Duty to Defend Claim for Misappropriation of Confidential Information

The United States District Court for the Northern District of California, applying California law, has held that an outside entity exclusion precluded a professional liability insurer’s duty to defend a claim against its...more

Prior Knowledge Exclusion Bars Coverage for Entire Lawsuit Alleging Multiple Instances of Wrongdoing

The United States District Court for the District of Vermont has held that there is no coverage under a CGL and professional liability policy for all claims in an underlying suit brought against an insured residential care...more

Prior Knowledge Provisions Barred Coverage for Malpractice Claim Based on Pre-Policy Sanctions and Default Judgment

The Montana Supreme Court has held that there was no coverage under a lawyers professional liability policy for a client’s malpractice claim because the lawyer knew of and failed to disclose, prior to the insured law firm’s...more

Negligent Misrepresentation Claim Not Barred By Exclusion for Dishonest Conduct

The United States District Court for the Northern District of California, applying California law, has held that a dishonesty exclusion in a D&O policy did not bar coverage for an underlying lawsuit alleging a company...more

Coverage for Stockholder Suits Not Barred By Prior Acts Exclusion or Bump-Up Provision

Judge Paul Wallace of the Delaware Superior Court has held that a bump-up provision did not operate to preclude coverage for a settlement of a Section 14(a) cause of action.  Northrop Grumman Innovation Sys., Inc. v. Zurich...more

Consumer Protection Claims Not Barred By Antitrust Exclusion

The United States District Court for the Central District of California, applying California law, has held that antitrust exclusions in two D&O policies did not bar coverage for a class action against an insured sports...more

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