The New Mexico Court of Appeals has held that cyber policy language affording coverage “for” a security breach was ambiguous and must be construed broadly to provide coverage for a breach of contract claim “because of,”...more
7/8/2025
/ Appeals ,
Breach of Contract ,
Contract Disputes ,
Cyber Insurance ,
Data Breach ,
Fraud ,
Health Insurance ,
Healthcare ,
Insurance Claims ,
Insurance Litigation ,
Policy Terms
A federal district court, applying New York law, has held that a “voluntary payments provision” precluded coverage for an insured’s post-tender costs to remediate its engineering errors because the insured admitted and...more
6/9/2025
/ Construction Disputes ,
Construction Litigation ,
Contract Disputes ,
Contractors ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Litigation ,
Liability ,
New York ,
Policy Exclusions ,
Professional Liability ,
Voluntary Payments
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
1/24/2025
/ Appellate Courts ,
Denial of Insurance Coverage ,
Fraud ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Legal Ethics ,
Liability ,
Material Misrepresentation ,
Misleading Statements ,
Policy Terms ,
Professional Liability ,
Professional Misconduct
In a win for Wiley’s client, the United States District Court for the Eastern District of New York, applying New York law, has held that a bodily injury exclusion bars coverage under an errors and omissions policy for...more
The United States District Court for the Western District of Louisiana, applying Florida law, has held that an investor’s lawsuit against an attorney related back to a notice of a potential claim submitted during the earlier...more
The United States District Court for the Northern District of Georgia, applying Georgia law, has held that a commercial liability policy covering “sums that the ‘insured’ becomes legally obligated to pay as damages” provides...more
The United States District Court for the Southern District of Indiana has held that an insured v. insured exclusion barred coverage for a lawsuit brought in the name of a music fraternity against its president and executive...more
In a win for Wiley Rein’s client, the Delaware Supreme Court has affirmed the trial court’s decision that a securities class action and an opt-out case constitute related Claims, such that the opt-out case is excluded from...more
The United States Court of Appeals for the Eighth Circuit, applying North Dakota law, has held that a lawyers professional liability policy did not provide coverage for a legal malpractice lawsuit where the insured knew or...more
The New York Court of Appeals has held that a $140 million disgorgement payment in an SEC settlement is not a non-covered “penalty” under a professional liability policy. According to the court, the payment had compensatory...more
In a win for Wiley’s client, the California Superior Court has held that an exception to an insured v. insured exclusion for “any Claim brought by any director . . . of a Company who has not served in such capacity . . . for...more
The United States Court of Appeals for the Seventh Circuit has held that a sexual misconduct exclusion unambiguously barred errors and omissions coverage for a Title IX claim as a matter of Illinois law. Netherlands Ins. Co....more
In a win for Wiley Rein’s client, the Delaware Superior Court has held that an opt-out securities case related back to the original securities class action because the cases were “based on the same subject, have a causal...more
An Oklahoma federal court has held that a derivative exception to an Insured v. Insured (IvI) exclusion applied only to derivative lawsuits brought by non-insureds, and did not save coverage for a direct claim filed by an...more
The New York Supreme Court, Appellate Division has held that, under New York Insurance Law § 3420(a)(5), an insurer had no duty to defend or indemnify a personal injury action where the insured failed to provide notice of the...more
An Illinois appellate court has held that an underlying action involving a fee dispute was not a claim involving professional services and was not covered under a professional liability policy. RLI Ins. Co. v. Acclaim Res....more