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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

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

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

Warranty Letter Bars Coverage for Claim Against Chief Legal Officer Arising From CEO’s Alleged Fraud

The United States District Court for the District of Nevada, applying Nevada law, has held that a warranty letter executed by the insured’s CEO prior to the issuance of an excess D&O policy barred coverage for a claim made...more

No Duty to Defend Lawsuit Alleging Renumeration to which Insured was Not Legally Entitled

The United States District Court for the Middle District of Florida, applying Florida law, has held that a professional liability insurer had no duty to defend a lawsuit alleging that the insured, a closing agent, wrongfully...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

Contract Exclusion Bars Coverage for Deceptive Practices Claims Arising Out of Gym Membership Contracts

The United States Court of Appeals for the Sixth Circuit, applying Kentucky law, has held that a directors and officers liability policy does not provide coverage for a class action lawsuit brought against a gym alleging...more

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