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Court Considers Prior Notice, Intentional Acts, and Contract Exclusions as Applied to Insured’s Violation of California Franchise...

The United States District Court for the District of New Hampshire, applying California law, considered several exclusions under a directors and officers liability policy as applied to a violation of the California Franchise...more

California Court of Appeal Affirms Dismissal of Claims against Excess Insurers for Insureds’ Failure to Allege Exhaustion

The California Court of Appeal, applying California law, has affirmed a trial court’s decision dismissing claims with prejudice against two excess carriers for the insureds’ failure to allege exhaustion of the underlying...more

Second Circuit Finds Pre-Suit Letter Was a “Claim” and Remands for Determination of Whether Notice of Claim Was Timely

The United States Court of Appeals for the Second Circuit, applying New York law, has held that a pre-suit letter sent to an insured constituted a “Claim” under a liability policy. Match Group, LLC v. Beazley Underwriting...more

Supreme Court of Delaware Affirms Denial of Coverage Under Run-Off Exclusion

The Supreme Court of Delaware affirmed a trial court decision holding that a “run-off exclusion” in a management and company liability policy absolved an insurer of the obligation to advance defense costs. Ferrellgas Partners...more

Sixth Circuit Affirms Decision Holding Specific Entity Exclusion Bars Coverage and Does Not Render Policy Illusory

In a win for Wiley’s client, the United States Court of Appeals for the Sixth Circuit affirmed a district court’s decision on summary judgment holding that a “specific entity exclusion” precluded coverage for an SEC...more

Court Analyzes “Former Director and Officer” and “Shareholder Derivative” Exceptions to Insured v. Insured Exclusion

The U.S. District Court for the District of Massachusetts, applying Massachusetts law, has held that a “former director and officer” exception to an insured v. insured exclusion in a private company management liability...more

Eleventh Circuit Holds Filing of Charge with EEOC Constitutes An “Administrative Proceeding”

The United States Court of Appeals for the Eleventh Circuit, applying Georgia law, has held in affirming a lower court’s opinion that an employee’s filing of a charge with the EEOC constitutes an “administrative proceeding,”...more

Washington Appeals Court Upholds Reasonableness of Stipulated Judgment

The Court of Appeals of Washington affirmed a trial court decision approving an $8 million stipulated judgment over a carrier’s challenges to the structure and reasonableness of the settlement. Starr Indem. & Liab. Co. v. PC...more

Exclusion for Claims “In Any Way Related To” Specific Entity Broadly Bars Coverage

In a win for Wiley’s client, the United States District Court for the Middle District of Tennessee, applying Tennessee law, has held that an exclusion precluding coverage for claims “in any way related to” a specific entity...more

Coverage for Claims Against Seed Grower Not Barred by Prior Knowledge or Retroactive Date Provisions

The United States District Court for the Southern District of California, applying California law, denied an insurer’s claims for declaratory relief following a week-long bench trial to resolve coverage under a professional...more

Coverage Barred by Related Claim Made Prior to Policy Period

The United States District Court for the Eastern District of Louisiana has held that no coverage exists under a professional liability policy because the lawsuit for which the insureds sought coverage was based on the same or...more

Court Declines to Recognize Scrivener’s Errors in D&O Policy’s Capacity Exclusion

The United States District Court for the Southern District of New York, applying Georgia law, has declined to recognize certain punctuation and spacing errors in the capacity exclusion of a directors and officers liability...more

Federal Court Declines to Exercise Jurisdiction Over Rescission Action

The United States District Court for the Western District of Wisconsin has declined to decide whether an insurer properly rescinded an errors and omissions policy after learning of potential claims arising from events that...more

Nevada Supreme Court Holds Insurer May Recoup Defense Costs

Answering a certified question regarding a matter of first impression, the Nevada Supreme Court has held that an insurer is entitled to reimbursement of defense costs expended in defense of an insured where a determination is...more

D&O Claim Deemed Related to Prior Suit Brought by Different Parties

The United States District Court for the District of Connecticut, applying Connecticut law, has found no coverage under a director and officers liability policy for a claim alleging the fraudulent conveyance of a company...more

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