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No E&O Coverage for Settlement of Illinois State Governmental Investigation

The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an E&O policy does not afford coverage for a settlement with two government agencies, including the payment of fines...more

No Coverage for Breach of Contract under Professional Liability Policy

The United States District Court for the District of Minnesota, applying Minnesota law, has held that a law firm’s professional liability policy does not provide coverage for the firm’s alleged breach of various litigation...more

No Coverage for Claim Involving New Defendants and Alleging New Wrongful Acts Where Claim Relates Back to Earlier Policy Period

The United States District Court for the Southern District of Florida, applying Florida law, has held that a D&O policy did not cover a claim against directors because the claim related back to an earlier policy period, even...more

Failure to Plead Compliance with Condition Precedent Held Fatal to Declaratory Judgment Action

The United States District Court for the Southern District of New York has held that a declaratory judgment action filed against an excess difference in conditions (“DIC”) insurer is ripe for adjudication because the insured...more

Commercial Crime Policy Covers Loss Involving Fraudulent Email Directing Employee to Make Payments

The United States Court of Appeals for the Ninth Circuit, applying California law, has held that a loss resulting from an employee’s payments made to a third party after receiving fraudulent emails directing her to wire funds...more

No Showing of “Appreciable Prejudice” Required Because Insured Violated Consent to Settle Provision

The United States Court of Appeals for the Third Circuit, applying New Jersey law, has held that an insurer can deny coverage under a claims-made policy, without demonstrating “appreciable prejudice,” if the insured fails to...more

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