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
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
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