NGE OnDemand: The Importance of Timely Reporting Occurrences, Claims and Suits to Insurers with Paul Walker-Bright
In a win for Wiley’s client, the United State Court of Appeals for the Fourth Circuit, applying Maryland law, reversed judgment on the pleadings in favor of the insured, holding that a securities class action, derivative...more
In a win for Wiley’s client, the United States District Court for the District of Wyoming, applying Wyoming law, held that an insured versus insured (“IvI”) exclusion barred coverage for an entire class action proceeding...more
The U.S. District Court for the Southern District of Illinois, applying Illinois law, has held that there is no coverage under a claims-made policy for a claim made during the policy period but reported after the policy...more
We begin this month’s update with a pair of cases from the Eleventh Circuit, which unfortunately, both involve claims arising from senseless shootings. The court first takes up the issue of number of occurrences in the...more
The Eleventh Circuit’s recent decision in L. Squared Industries, Inc. v. Nautilus Insurance Co. offers important guidance for policyholders navigating notice provisions under claims-made insurance policies—particularly when a...more
The Appellate Court of Illinois, applying Illinois law, has held that a cyber insurer had no duty to defend or indemnify its insured where the alleged misconduct occurred prior to the policy’s retroactive date. The...more
The United States District Court for the District of Montana, applying Montana law, held on summary judgment that claims-made Petroleum Industry Insurance Coverage did not apply to pollution claims where contamination began...more
Courts considered some interesting insurance issues this past month. The Indiana Supreme Court lent a sympathetic ear to insurers facing multiple claims against a single policy by adopting a “safe harbor” provision for...more
A federal district court determined that there was no coverage for a claim where a related claim was first made before the policy period began. A former employee of the insured company filed an administrative complaint...more
The Eleventh Circuit Court of Appeals, applying Florida law, held that an insurer could deny coverage for failure to provide timely notice where the insured provided no evidence to rebut the presumption of prejudice to the...more
The US District Court for the Northern District of California recently held that an insurer had a duty to defend an online therapy company in a privacy class action, rejecting arguments that “related acts” and “prior...more
The United States District Court for the Southern District of New York, applying New York law, held that a Sexual and Physical Abuse exclusion barred coverage for a discrimination complaint filed with the Equal Employment...more
The United States Court of Appeals for the Eleventh Circuit, applying Georgia law, has held that a single lawsuit constitutes multiple “claims” and some of those “claims” fell outside the misappropriation exclusion in a...more
The Eleventh Circuit Court of Appeals affirmed summary judgment in favor of Nautilus Insurance Co. in L. Squared Industries Inc. v. Nautilus Insurance Co., holding that an insured’s failure to provide timely notice of a...more
A federal district court in Utah, applying Utah law, has determined that an insurer could deny coverage under a claims-made policy for untimely notice without proving prejudice. The insured had a claims-made Employment...more
The Delaware Superior Court, applying Delaware law, has held that an insured adequately stated a claim for breach of contract because a trade secret constitutes “non-public information,” thereby implicating coverage for a...more
R&B artist Chris Brown, through his company Tattooed Millionaire Entertainment (TME), owned a music studio and equipment in Memphis. Brown is TME’s sole owner. After a break-in and arson damaged the studio and gear, the...more
A recent coverage decision by the Delaware Superior Court in Motive Technologies, Inc. v. Associated Industries Insurance Company shows that examining the full timeline of allegations in a lawsuit can defeat policy exclusions...more
The U.S. District Court for the Southern District of Ohio, applying Ohio law, has held that it cannot conclude as a matter of law whether a criminal indictment brought by the state based on sexual harassment of a minor...more
The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an insurer was entitled to rescind a professional liability policy because the insured failed to disclose...more
The United States District Court for the Southern District of New York, applying New York law, has held that a subsidiary exclusion barred coverage for a lawsuit alleging fraud in connection with investments in a failed...more
The United States District Court for the District of Delaware, applying Delaware law, has held that a prior notice exclusion bars coverage for securities and derivative lawsuits alleging the same underlying conduct as a...more
The Delaware Superior Court, applying New York law, has held that cyber liability insurers had a duty to defend a lawsuit including allegations that raised “a reasonable probability of liability” related to alleged misconduct...more
The United States District Court for the Central District of California, applying California law, has held that coverage was barred for insureds who did not give timely notice, despite timely notice by the policyholder. The...more
The “prior knowledge exclusion” is an important provision to understand in the world of claims-made insurance policies. A typical prior knowledge exclusion specifies that the policy may provide coverage for a claim only if,...more