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Professional Liability Denial of Insurance Coverage Insurance Litigation

Rivkin Radler LLP

April 2025 New York Insurance Coverage Law Update

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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

Wiley Rein LLP

No Coverage for Lawsuit Where “Claim” First Made at Time of Pre-Inception Tolling Agreement

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In a win for Wiley’s client, a New York intermediate appellate court, applying New York law, has affirmed that no coverage is available for a legal malpractice lawsuit because the “claim” was first made before the policy’s...more

Goldberg Segalla

Dwindling Returns: Failing to Read LPL Policy Cost Millions

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A quirky reality of litigation is that the amount of recoverable dollars often dictates the strategy and approach. Maybe no one said it better than Biggie: “mo money, mo problems.” Especially in the context of an insured...more

Wiley Rein LLP

New Jersey Appellate Court Affirms Rescission of Policies Based on Law Firm’s Misrepresentation in Applications

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In a win for Wiley’s client, a New Jersey appellate court, applying New Jersey law, affirmed a trial court’s decision rescinding four lawyer’s professional liability policies because of material misrepresentations made in the...more

Wiley Rein LLP

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

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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

Wiley Rein LLP

Costs to Respond to Third-Party Subpoena Do Not Constitute a Claim

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The United States District Court for the District of Connecticut granted an insurer’s motion for summary judgment on the grounds that neither a subpoena issued as part of multi-district litigation nor a chart listing the...more

Wiley Rein LLP

No Coverage for Breach of Contract under Professional Liability Policy

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The United States District Court for the District of Minnesota, applying Minnesota law, has held that a law firm’s professional liability policy does not provide coverage for the firm’s alleged breach of various litigation...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2023

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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

Wiley Rein LLP

Coverage Barred by Related Claim Made Prior to Policy Period

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The United States District Court for the Eastern District of Louisiana has held that no coverage exists under a professional liability policy because the lawsuit for which the insureds sought coverage was based on the same or...more

Butler Weihmuller Katz Craig LLP

Sexual Assault Is Not A Professional Service

Not many cases in Florida analyze Professional Services Exclusions in general liability policies.  However, on September 16, 2022, the Eleventh Circuit Court of Appeals released an order providing some clarification about the...more

Wiley Rein LLP

Lawyer’s Professional Liability Insurer has Duty to Defend Suit Alleging Sexual Assault of Client

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Applying Maine law, the United States District Court for the District of Maine has held that a legal professional liability insurer had a duty to defend an insured attorney against a suit alleging sexual assault of a client,...more

Wiley Rein LLP

Prior Knowledge Provisions Barred Coverage for Malpractice Claim Based on Pre-Policy Sanctions and Default Judgment

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The Montana Supreme Court has held that there was no coverage under a lawyers professional liability policy for a client’s malpractice claim because the lawyer knew of and failed to disclose, prior to the insured law firm’s...more

Wiley Rein LLP

No Coverage for TPA in Claim Arising from Extracontractual Exposure to Insurer

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A federal district court has ruled that a third-party administrator’s professional liability policy does not afford coverage for a claim against the TPA arising from an excess judgment against the TPA’s...more

Carlton Fields

New York Federal Court Finds Insured’s Failure to Provide Notice of Subpoena Did Not Bar Coverage for Later Lawsuit

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Applying New York law, the U.S. District Court for the Southern District of New York held that because a subpoena duces tecum previously issued to the insured by a post-judgment creditor of a non-insured entity was not a...more

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