An Illinois appellate court, applying Illinois law, has held that a professional liability carrier had a duty to defend an ankle monitoring company against a lawsuit alleging bodily injury while wearing the ankle monitor...more
In a win for Wiley’s client, the United States District Court for the Eastern District of New York, applying New York law, has held that a bodily injury exclusion bars coverage under an errors and omissions policy for...more
An Ohio federal court, applying Ohio law, has held that a letter threatening a bad faith action against an insured insurance company did not constitute a “Claim” for the purposes of the company’s errors and omissions...more
The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an E&O policy does not afford coverage for a settlement with two government agencies, including the payment of fines...more
The United States District Court for the Southern District of New York, applying New York law, has held that an E&O insurer had no obligation to contribute toward the defense of an underlying matter in light of its policy’s...more
Applying North Carolina law, a federal district court has held that an E&O insurance policy does not provide coverage for loss arising from social engineering fraud despite the fact that the insured’s negligence also...more
The United States District Court for the Western District of Wisconsin has declined to decide whether an insurer properly rescinded an errors and omissions policy after learning of potential claims arising from events that...more
The United States Court of Appeals for the Seventh Circuit has held that a sexual misconduct exclusion unambiguously barred errors and omissions coverage for a Title IX claim as a matter of Illinois law. Netherlands Ins. Co....more
The United States District Court for the District of Connecticut has held that a lawsuit filed by a state insurance commissioner in his capacity as private receiver on behalf of an insolvent insurer was not a “Governmental...more
There have been a number of high-profile insurance coverage cases arising from losses due to cyber fraud – especially data breaches, "spoofing'' and payment instruction fraud. While cyber insurance is specifically designed to...more
Litigation concerning COVID-19 has already begun. A number of lawsuits have been filed against cruise lines alleging that they were negligent by operating with infected passengers and crew members and failing to screen...more
Errors and omissions (E&O) and directors and officers (D&O) professional liability insurance policies commonly contain breach of contract endorsements that exclude coverage for claims “based upon or arising out of” a breach...more
On September 23, 2019, the Seventh Circuit acknowledged a common problem with Errors & Omissions (“E&O”) insurance for professional services by finding that an overbroad breach of contract exclusion rendered coverage...more
Insurance coverage litigation arising out of the 2010 Deepwater Horizon explosion continues to result in important precedents that will impact energy companies and policyholders with operations in Texas. On January 25, the...more
In Keodalah v. Allstate Insurance Company, the Washington Supreme Court is set to determine whether individual insurance adjusters (as distinguished from the insurers for which they work) may be sued for bad faith and...more
Two separate courts in the Southern District of New York have recently issued opinions relating to a complicated bankruptcy proceeding following the collapse of MF Global Holdings Ltd. in 2011. The underlying dispute involves...more
Carriers rely on application representations regarding the existence of potential claims. Sometimes, the carrier learns after the fact that an applicant may not have reported all known potential claims. What can/should the...more