News & Analysis as of

Reservation of Rights Claims Made Policy

Wiley Rein LLP

On Motion for Reconsideration, Southern District of New York Holds that Late-Notice Defense as to Claims-Made-And-Reported...

Wiley Rein LLP on

The Southern District of New York, applying New York law, has held that an insurer’s late-reporting defense is not subject to waiver under claims-made-and-reported policies. Hunt Constr. Grp. Inc. v. Berkley Assurance Co.,...more

Carlton Fields

Federal Puerto Rico Court Affirms That Coverage Under Claims-Made Policy Is Not Created by Waiver or Estoppel

Carlton Fields on

The U.S. District Court for the District of Puerto Rico recently granted summary judgment in favor of Liberty International Underwriters after determining that coverage was not created by waiver or estoppel for a claim first...more

Farella Braun + Martel LLP

Claims-Made Policy Note: Policy’s Use of Defined Terms May Expand or Limit Coverage Under Related Acts Provision

In an unpublished decision, the Ninth Circuit affirmed the Central District of California’s interpretation of the related acts provision in a professional liability policy, holding that related acts reported in a prior policy...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - September 2015

Exception to Mold Exclusion Requires Defense of Suit Alleging Injuries From Moldy Water - Why it matters: An exclusion for "Fungi or Bacteria" did not prevent a federal court judge in Tennessee from ordering an insurer...more

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