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Coverage Barred by Prior Acts Exclusion Under First Policy; No Coverage Under Second Policy Because Defendant did not Qualify as...

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

Notice Prejudice Rule Applies to Claim Not Reported “As Soon As Practicable” But Within Policy Period

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

No Coverage Under Primary Policy for Potential Claim Reported During Extended Reporting Period or Under Excess Policy Based on...

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

Antitrust Exclusion Applies to Claims for Unjust Enrichment and Violation of Consumer Protection Laws

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

Misappropriation Exclusion Bars Coverage for Claim Involving Improper Transfer of Escrow Funds, but Insurer Must Defend Against...

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

Lawsuits by Two Employees Alleging Retaliation and Discrimination Arise From Interrelated Wrongful Acts

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

Third Circuit Holds that Insured Must Satisfy All Conditions Precedent in Excess Policy to Trigger Coverage

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

Court Rejects Assumption that Wrongful Acts are Related Based on Inclusion in Single Complaint

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

Coverage Barred by Related Claim Made Prior to Policy Period and Prior Knowledge Exclusion

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

Amended Complaint Adding Allegations and Defendants Not an Independent Claim

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

No Coverage for Claim Deemed Made After Policy Expired When Insured First Received Actual Notice of Lawsuit

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

Ninth Circuit Holds Three Printing Errors Constitute Single Wrongful Act

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

Ninth Circuit Holds Notice-Prejudice Rule Inapplicable to Claims-Made-And-Reported Policies

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

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