News & Analysis as of

Liability Insurance Claims Made Policy

Davies Ward Phillips & Vineberg LLP

Better Late Than Never? Not So for Directors’ and Officers’ Liability Coverage

Directors and officers facing liability claims, including investigations and enforcement proceedings, must pay careful attention to the notice provisions of their directors’ and officers’ (D&O) liability coverage policies and...more

Wiley Rein LLP

Late Notice Bars Coverage for Claim Noticed to Insurer After 60 Days of Insured’s Receipt of Claim

Wiley Rein LLP on

The United States Court of Appeals for the Ninth Circuit, applying California law, has held that no coverage was available under an employment practices liability insurance policy because the insured failed to give notice...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - October 2023

Rivkin Radler LLP on

The insured, a jewelry business, filed a coverage action against Certain Underwriters at Lloyd’s of London, which denied coverage to the insured under a policy purchased for the insured’s jewelry. The insured’s complaint...more

Wiley Rein LLP

Third Circuit Holds No Showing of Prejudice Required Under Delaware Law to Enforce Late Notice Provision in Claims-Made Policy

Wiley Rein LLP on

The United States Court of Appeals for the Third Circuit, applying Delaware law, has held that an insurer was not obligated to provide coverage where the insured had provided notice of its claim after the end of the relevant...more

Wiley Rein LLP

Negotiation of Severance Agreement with Employee Who Ended Affair With Company President Constitutes a Claim That Was Not Timely...

Wiley Rein LLP on

The United States District Court for the Southern District of California, applying California law, granted an insurer’s motion for summary judgment, finding that a Claim for sexual harassment by an employee was made during an...more

Ervin Cohen & Jessup LLP

Mind the Proper Use of ‘Prior Knowledge’ Exclusions

Liability insurance written on a claims made basis is designed to protect an insured against claims asserted following the policy’s inception even if the acts giving rise to the claim took place prior to policy inception. But...more

Wiley Rein LLP

No Coverage Under Claims-Made Policy Where Insured Reported Alleged Injury, But No Claim Was Made, During the Policy Period

Wiley Rein LLP on

The United States Court of Appeals for the Fifth Circuit, applying Mississippi law, has held that a claims-made and reported policy does not provide coverage where the claimant did not assert a claim during the relevant...more

Nilan Johnson Lewis PA

10 Insurance Questions Personal Transportation Manufacturers Should Ask About Their Coverage

Nilan Johnson Lewis PA on

In our recent article, “10 Questions Personal Transportation Manufacturers Should Answer Before Selling a New or Redesigned Product,” we identified areas that should be addressed before a new product goes to market. One of...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - May 2015

California Appellate Court: All Claims “Arising From” Ponzi Scheme Are Precluded - Why it matters: Concluding that any claims related to a Ponzi scheme—even if they involved different investors, investments, or...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - April 2015

Legal Issues Not Proper Expert Testimony - Why it matters: As a good reminder concerning the boundaries for admissibility of expert opinions, a federal court in Texas recently granted a policyholder’s motion to strike an...more

Cozen O'Connor

Colorado: No Prejudice Required to Enforce Date-Certain Notice Requirements in Claims-Made Policies

Cozen O'Connor on

In Colorado, under the notice-prejudice rule, an insured who gives late notice of a claim to his or her liability insurer does not lose coverage benefits unless the insurer proves that the late notice prejudiced its...more

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