Policy Exclusions, Denial of Insurance Coverage, Claims Made Policy

Law Firm Had Duty to Report Omission, Even Though Clients Promised Not to Sue

Wiley Rein LLP on 11/22/2024

The Iowa Court of Appeals has held that a law firm’s clients’ purported assurance that they would not sue the law firm for its omission in representing them did not obviate the firm’s obligation to notify its claims-made...more

Insurance Update - October 23, 2023

Rivkin Radler LLP on 10/24/2023

Here’s what we discuss in our October Insurance Update. Illinois: Environmental Suits Alleging Non-Compliance with Laws and Regulations Did Not Assert an “Occurrence”- Massachusetts (federal): Insurer May Consider Sums...more

First Circuit Holds No Coverage Where Insured Failed to Provide Timely Notice of Claim

Wiley Rein LLP on 9/6/2023

The United States Court of Appeals for the First Circuit, applying Massachusetts law, held that no coverage was available for a lawsuit because the insured failed to provide timely notice to the insurer. The insured...more

Mind the Proper Use of ‘Prior Knowledge’ Exclusions

Ervin Cohen & Jessup LLP on 5/6/2022

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

In Rare Move, Seventh Circuit Reverses Itself and Holds that Insured Did Not Lose Coverage for Notifying Consecutive Insurers of a...

Neal, Gerber & Eisenberg LLP on 8/30/2019

It is rare for the federal courts of appeals to grant petitions for rehearing. See Hon. R. Arnold, “Why Judges Don’t Like Petitions for Rehearing,” 3 J. App. Prac. & Proc. 29 (2001). Current statistics are a bit hard to find,...more

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

Bradley Arant Boult Cummings LLP on 9/22/2017

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

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

Carlton Fields on 8/3/2017

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

Policy Exclusions › Denial of Insurance Coverage › Claims Made Policy