News & Analysis as of

Professional Service Exclusion D&O Insurance

Lowenstein Sandler LLP

Closing Coverage Gaps: California Court Emphasizes the Importance of Coordinated Insurance Policies in Complex Claims Environments

Policyholders must be vigilant in coordinating their insurance program across coverage lines in today’s complex claims environment. Often resembling a “patchwork quilt” – modern businesses protect against a wide range of...more

Wiley Rein LLP

Professional Services and Contract Exclusions Do Not Bar Coverage for Settlement of False Claims Act Investigation

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The Delaware Superior Court has held that a professional services exclusion and a contract exclusion in a D&O policy do not bar coverage for a False Claims Act settlement. Guaranteed Rate, Inc. v. ACE Am. Ins. Co., 2022 WL...more

Neal, Gerber & Eisenberg LLP

NGE On Demand: Insurance and Indemnity Issues for Family Offices with Angela Elbert

NGE Insurance Policyholder partner Angela Elbert presents an overview for family office clients addressing the unique range of personal, commercial, financial and investment risks they face. If you have any questions,...more

Wiley Rein LLP

Professional Services Exclusion Does Not Bar Coverage for Lawsuit Alleging “Business Decisions” of Healthcare Facility

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The United States District Court for the Southern District of Florida, applying Maryland law, has held that the professional services and managed care activity exclusions in a D&O policy did not bar coverage for a lawsuit...more

Carlton Fields

Professional Services Exclusion Precludes Coverage for False Claims Act Suit

Carlton Fields on

It is not unusual for a directors and officers liability policy to have an exclusion for professional services. A such, a question often arises regarding whether the claimed wrongful conduct involved the rendering or failure...more

White and Williams LLP

Ninth Circuit Rejects Insured’s “Internal Business Practice” Argument and Enforces D&O Policy’s Broad Professional Services...

White and Williams LLP on

Earlier this week, in HotChalk, Inc. v. Scottsdale Insurance Company, No. 16-17287, 2018 U.S. App. LEXIS 14884 (9th Cir. Jun. 4, 2018), the Ninth Circuit Court of Appeals affirmed a District Court’s determination that a...more

Carlton Fields

Drawing A Line In The Sand: The Second Circuit Tries To Define Where D&O Coverage Ends And E&O Coverage Begins

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Policyholders often obtain both errors and omissions (E&O) and directors and officers (D&O) liability insurance policies because they provide complementary coverage. ...more

Farella Braun + Martel LLP

District Court Further Limits Application of Professional Services Exclusion

One of the most heavily-litigated exclusions in modern insurance coverage practice was the subject of a recent district court decision involving allegedly misleading marketing by for-profit colleges. Exclusions for claims or...more

Farella Braun + Martel LLP

Mind the Gap! Avoiding Unexpected Gaps in Insurance Programs

No one insurance policy covers all liability risks. Risk managers expect to purchase several types or layers of insurance to cover different types of insurance liabilities, to provide sufficient limits for a catastrophe loss,...more

Morris James LLP

RSUI Indem. Co. v. Sempris LLC, C.A. No. N13C-10-096 MMJ CCLD (Del. Super. Ct. Sept. 3, 2014)

Morris James LLP on

In this case, brought in the Delaware Superior Court’s Complex Commercial Litigation Division, the Court considered whether RSUI Indemnity Co. (“RSUI”) owed insurance coverage obligations to Sempris, LLC (“Sempris”). RSUI...more

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