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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

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

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

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