News & Analysis as of

Claims Made Policy

Beware of Prior Act Exclusions and Retroactive Dates When Procuring or Renewing Coverage

An 11th Circuit decision issued earlier this year serves as a reminder of the importance of carefully evaluating time-based exclusions and retroactive dates when procuring or renewing coverage. Liability policies such as...more

The Perils of Late Notice

As every policyholder should know, purportedly “late” notice under claims-made insurance policies can eradicate coverage – even if the policyholder purchases successive policies from the same insurer. Alaska Interstate...more

“Arising” tide for insurers: 11th Circuit takes expansive view of Prior Acts Exclusion

by Carlton Fields on

Claims-made policies often cover acts that occur before a policy period, so long as they result in a covered claim during the policy period. This is a fundamental difference between claims-made and occurrence policies. But...more

Locked Out: Zillow’s Failure to Provide Insurer Timely Notice of DMCA Takedown Notice Precludes Coverage Under a Claims-Made...

by Dorsey & Whitney LLP on

Last month the United States District Court for the Western District of Washington held that a Digital Millennium Copyright Act (“DMCA”) Takedown Notice triggered a policyholder’s obligation to notify its claims-made insurer....more

Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference

I’ve yet to find reading through an insurance policy on anyone’s “bucket list.” But read them you should. Or have your attorney read through them (wink, wink). Because when you need to tender a claim there’s...more

Information asymmetry and protection of clauses in insurance contracts

by DLA Piper on

Following Decision 9140 by the Joint Sections of the Supreme Court on May 6 2016, information asymmetry and the protection of insurance contract clauses became widely debated topics. While the court focused on the need...more

An Analysis of Environmental Impairment Liability Issues

by Zelle LLP on

Environmental impairment liability (EIL) policies currently available in the market provide very broad coverage. Thus, an EIL policy may provide coverage for an insured’s owned site clean-up costs, off-site clean-up costs,...more

Avoiding the Minefields of Claims-Made Insurance Coverage

by McGuireWoods LLP on

This is the first in a series of posts relating to what we will call the “minefields” of claims made insurance coverage. Fifty years ago, most insurers issued liability insurance policies on “occurrence” policy forms. As...more

Is the Owner-Manager of your Vendor your “Employee?” - Expansion of Coverage: North Carolina Crime Coverage Part: Embezzlement Is...

by Womble Bond Dickinson on

On November 14, 2014, the Eastern District of North Carolina entered summary judgment in favor of an insured seeking coverage for embezzlement for actions by owners of a vendor. Colony Tire Corp. v. Fed. Ins. Co., No. 2:15 CV...more

Indiana Court Addresses Enforceability of Retroactive Date

In its recent decision in Debbie Sunshine v. General Star Ins. Co., 2016 U.S. Dist. LEXIS 131213 (S.D. Ind. Sept. 26, 2016), the United States District Court for the Southern District of Indiana had occasion to consider the...more

D&O Insurance—Issues to Consider Before a Claim Arises

by McDermott Will & Emery on

In Depth - Directors and officers (D&O) liability insurance remains a vital issue for companies and their directors and officers as potential sources of liability continue to evolve. More securities lawsuits were filed...more

Leave It to the Policyholder Professionals – Do Not Try This at Home

Recently, I was asked to look at coverage for a case where the insurer had denied a duty to defend several years before. We concluded that the insurer should have been defending based on certain allegations in the complaint...more

Insurance Recovery Law - March 2016

High Times in the Insurance Industry: Colorado Federal Court Considers Coverage for Medical Marijuana Business - Why it matters: With legalized marijuana businesses booming, a new decision from a Colorado federal court...more

Second Circuit Holds Informational Request Constitutes a Demand

In its recent decision in Weaver v. AXIS Surplus Ins. Co., 2016 U.S. App. LEXIS 4199 (2d Cir. Mar. 7, 2016), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to consider what...more

Prejudice Not Required in New Jersey To Deny Coverage for Late Notice Under a Claims Made Policy

by Cozen O'Connor on

On February 11, 2016, the Supreme Court of New Jersey in Templo Fuente de Vida Corp. v. National Union Fire Ins. Co. of Pittsburgh, declared that an insurance company was not required to show it suffered prejudice before...more

“Better Late Than Never” Doesn’t Work for Claims Made Policies

by Cole Schotz on

The New Jersey Supreme Court recently held that an insurance company was not required to show it was prejudiced by an insured’s late notice in order to deny coverage under a claims made policy. In Templo Fuente de Vida Corp....more

Late Notice: An Increasingly Dangerous Insurance Trap

by Reed Smith on

The New Jersey Supreme Court recently issued its decision in Templo Fuente Vida Corp., et al. v. National Union Fire Ins. Co., (No: A-18-14)(074572), which may prove to deprive unwary insureds of valuable insurance coverage...more

New Jersey Supreme Court Upholds Strict Enforcement of Notice Provisions in Claims Made Policies

by Cozen O'Connor on

The New Jersey Supreme Court recently revisited its earlier decision in Zuckerman v. National Union Fire Insurance Fire Insurance Co., 100 N.J. 304, 495 A.2d 395 (1985) and upheld the strict enforcement of notice and...more

Policyholders Beware: Failure to Give Timely Notice, as Soon as Practicable During a Claims-Made Policy's Effective Dates or...

by McCarter & English, LLP on

The New Jersey Supreme Court recently held that an insurer may disclaim coverage without showing it was prejudiced by a policyholder’s failure to comply with a claims-made policy’s notice provision. In Templo Fuente De...more

Claims Made Clauses - Is a Policy Review Advisable in Light of the Principles Recently Laid Down by the Italian Court of...

by DLA Piper on

A contribution to the ongoing debate about the validity and effectiveness of the claims made clause, was made by the very recent judgment of the Italian Court of Cassation (no. 22891/2015 of 10 November 2015) which offers...more

California Court Holds Prior Acts Exclusion Inapplicable

In its recent decision in Opus Bank v. Liberty Ins. Underwriters, 2015 U.S. App. LEXIS 18524 (C.D. Cal. Oct. 21, 2015), the United States District Court for the Central District of California had occasion to consider whether...more

Texas Court: No Prejudice Required to Deny for Late Reporting Under a Claims-Made Policy

by Cozen O'Connor on

This summer in Nicholas Petroleum, Inc. v. Mid-Continent Cas. Co., 2015 WL 4456185, 2015 Tex. App. LEXIS 7489 (Tex.App., Jul. 21, 2015), a Dallas panel of Texas’ intermediate level appellate court rejected policyholder...more

New Jersey Court Holds Demand Letter Is A Claim

In its recent decision in Innes v. St. Paul Fire & Marine Ins. Co., 2015 U.S. Dist. LEXIS 121753 (D.N.J. Sept. 11, 2015), the United States District Court for the District of New Jersey had occasion to consider what...more

Insurance Recovery Law - September 2015

Exception to Mold Exclusion Requires Defense of Suit Alleging Injuries From Moldy Water - Why it matters: An exclusion for "Fungi or Bacteria" did not prevent a federal court judge in Tennessee from ordering an insurer...more

California Court Considers Reimbursement of Legal Fees Under D&O Policy

In its recent decision in Clark v. Travelers Cas. Ins. Co. of America, 2015 U.S. Dist. LEXIS 114877 (C.D. Cal. Aug. 28, 2015), the United States District Court for the Central District of California had occasion to consider...more

44 Results
|
View per page
Page: of 2
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.