News & Analysis as of

Duty to Defend Policy Exclusions Professional Liability

Rivkin Radler LLP

April 2025 New York Insurance Coverage Law Update

Rivkin Radler LLP on

John H. Fisher and his P.C. represented a client in a medical malpractice action filed on February 15, 2019, alleging that the defendant medical providers failed to provide proper prenatal care to the client, causing the...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2023

Rivkin Radler LLP on

The owners hired a general contractor (GC) insured by Amerisure to build a movie theatre, and the GC hired a masonry subcontractor (Sub) insured by Selective under a primary and umbrella policy...more

Carlton Fields

Second Circuit Affirms Ruling That Prior Knowledge Exclusion Barred Coverage for Legal Malpractice Lawsuit

Carlton Fields on

The Second Circuit Court of Appeals recently affirmed a lower court’s ruling, which declared that North River Insurance Co. had no duty to defend or indemnify its insured in connection with a legal malpractice lawsuit....more

Wiley Rein LLP

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

Wiley Rein LLP on

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

Wiley Rein LLP

No Duty to Defend Lawsuit Alleging Renumeration to which Insured was Not Legally Entitled

Wiley Rein LLP on

The United States District Court for the Middle District of Florida, applying Florida law, has held that a professional liability insurer had no duty to defend a lawsuit alleging that the insured, a closing agent, wrongfully...more

Wiley Rein LLP

Professional Services Exclusions Bar Coverage for a Pharmacy Technician’s Mistake in Dispensing Medication

Wiley Rein LLP on

The Western District of North Carolina has held that the professional services exclusions of two different policies issued to a staffing agency negated any duty to defend a lawsuit alleging a pharmacy technician improperly...more

Wiley Rein LLP

Sexual Misconduct Exclusion Eliminates Duty to Defend Civil Lawsuit

Wiley Rein LLP on

The United States District Court for the Central District of California, applying federal and California law, has held that there is no coverage for a civil judgment against an employee of an insured because the employee’s...more

Wiley Rein LLP

Despite Allegation that Law Firm Was Not Providing “Legal Advice,” Complaint Triggers Duty to Defend Under Lawyers’ Professional...

Wiley Rein LLP on

A California federal court has held that a complaint alleging that a law firm was providing services in a non-legal capacity nonetheless triggered a duty to defend the firm under a lawyers’ professional liability policy,...more

White and Williams LLP

Eleventh Circuit Defers to Insurer’s Definition of Professional Services

Does an Errors & Omissions (E&O) insurer have a duty to defend its insured mental healthcare provider when the policyholder was not licensed to provide such mental health counseling services? The Eleventh Circuit recently...more

Pillsbury Winthrop Shaw Pittman LLP

Perspectives on Insurance Recovery

Welcome to the latest edition of Pillsbury’s Perspectives on Insurance Recovery. As this 2015 edition of Perspectives demonstrates, our team is working on the most challenging issues—from cyber-insurance and complex claims...more

Professional Liability Underwriting Society (...

Prior & Pending Litigation

From the 2015 PLUS Professional Risk Symposium session “Navigating Prior & Pending and Other Coverage Issues,” David F. Cutter, Esq. (Troutman Sanders LLP) looks at three analytical issues to consider when facing prior and...more

Cozen O'Connor

Texas Court Construes Professional Liability Policy to Require Defense of Law Firm in Fee Dispute

Cozen O'Connor on

In Shamoun & Norman, LLP v. Ironshore Indemnity, Inc., Cause No. 3:14-1340, In the U.S. District Court, Northern District of Texas, the federal district court construed a professional liability policy issued by Ironshore to...more

Carlton Fields

Is There a Duty to Defend Pollution Claims? It’s the Complaint, Stupid

Carlton Fields on

This Spring, cases from Florida and Wisconsin reaffirmed the general proposition that a liability insurer’s duty to defend must be determined from the specific claims in the underlying complaint against the insured, and not...more

13 Results
 / 
View per page
Page: of 1

"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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide