Directors and officers (D&O) and errors and omissions (E&O) policies often contain “capacity” limitations, which restrict coverage to claims against the insured alleging acts undertaken by the insured in his or her insured...more
On December 9, 2022, the U.S. District Court for the Southern District of New York considered whether an “insured v. insured” (IvI) exclusion applied to bar coverage for an underlying lawsuit brought against insureds under a...more
In Southwest Marine and General Insurance Co. v. United Specialty Insurance Co., the U.S. District Court for the Southern District of New York recently highlighted limitations in a common policy endorsement extending...more
Under Florida law, similar to that of other states, an insurer’s duty to defend is generally determined solely by the allegations found within the four corners of the complaint. Florida courts, however, recognize an exception...more
On August 26, 2019, the Eleventh Circuit Court of Appeals, applying Florida Law, held that ill-gotten gains do not constitute covered “loss” within the meaning of a D&O policy. In Philadelphia Indemnity Insurance Co. v. Sabal...more
11/19/2019
/ Appeals ,
Aviation Industry ,
Billing Rates ,
Commercial General Liability Policies ,
Corporate Executives ,
D&O Insurance ,
Denial of Insurance Coverage ,
Grand Theft ,
Indemnification ,
Insurance Claims ,
Insurance Litigation ,
Insurance Regulations ,
Municipalities ,
Policy Exclusions ,
Policy Terms ,
Premiums ,
Regulatory Violations ,
Reservation of Rights ,
Settlement Agreements ,
Summary Judgment ,
Workers' Compensation Claim ,
Wrongful Acts
On May 1, 2019, the U.S. District Court for the Middle District of Georgia held that a firearms exclusion in a general liability insurance policy applied to bar coverage for an underlying action arising from a shooting at the...more
5/3/2019
/ Ambiguous ,
Bodily Injury ,
Commercial General Liability Policies ,
Contract Interpretation ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Duty to Defend ,
Duty to Indemnify ,
Firearms ,
Insurance Industry ,
Interlocutory Appeals ,
Judgment on the Pleadings ,
Motion for Reconsideration ,
Negligence ,
Policy Exclusions ,
Reversal ,
Terms and Conditions ,
Wrongful Death