The United States District Court for the District of New Mexico, applying New Mexico law, has held that a prior acts exclusion in a directors and officers policy barred coverage for an investor lawsuit alleging a scheme to...more
The United States District Court for the District of Kansas, applying Kansas law, has held that an insurer must show prejudice to deny coverage when an insured provided notice of a claim within the policy’s three-year policy...more
The United States District Court for the Eastern District of Michigan, applying Michigan law, granted a primary insurer’s motion to dismiss, determining that a professional liability policy required potential claims to be...more
Applying California law, the United States District Court for the Eastern District of California has held that an antitrust exclusion in a D&O policy bars coverage for lawsuits alleging violation of antitrust laws, violation...more
The United States District Court for the Southern District of Florida, applying Florida law, has held that a professional liability insurer did not have a duty to defend or indemnify its insured in a lawsuit involving the...more
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 private company management and employment practices liability policy does not cover a...more
The United States Court of Appeals for the Third Circuit, applying New Jersey law, has affirmed that an excess policy did not provide coverage when an insured could not satisfy an express condition precedent to coverage...more
The United States District Court for the Central District of California, applying California law, has held that, based on the initial pleadings, it could not determine in the insurer’s favor whether wrongful acts alleged...more
Applying New York law, the United States District Court for the Southern District of New York has held that no coverage exists under a professional liability policy because the lawsuit for which the insured sought coverage...more
The United States Court of Appeals for the Seventh Circuit, applying Illinois law, has affirmed that a claims-made D&O policy does not afford coverage where the insured failed to report a lawsuit when made and reported only...more
The United States District Court for the Northern District of Illinois, applying Illinois law, has held that a claim was deemed first made when the insured received actual, rather than constructive notice of the claim....more
Applying California law, the United States Court of Appeals for the Ninth Circuit has held that three printing errors constituted a single wrongful act subject to a policy’s single claim limit. Impress Commc’n Inc. v....more
Applying Montana law, the Ninth Circuit Court of Appeals has held that a claim made during one claims-made policy period but not noticed until a second policy period was not covered under either policy. Capitol Specialty Ins....more