The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has held that a contract exclusion did not bar defense cost coverage for a lawsuit against a private equity firm alleging,...more
In a win for Wiley’s client, the U.S. Court of Appeals for the Eleventh Circuit, applying District of Columbia law, affirmed judgment on the pleadings that no coverage is available for a lawsuit because the “claim” was first...more
The U.S. Court of Appeals for the Ninth Circuit, applying Nevada law, has held that a policy’s warranty exclusion bars coverage for a demand letter alleging that the insured was on notice of fraud by the named insured’s...more
In a win for Wiley’s client, the Supreme Court of New York for New York County, applying New York law, has held that no coverage is available for a legal malpractice lawsuit because the “claim” was first made before the...more
The United States Court of Appeals for the First Circuit, applying Massachusetts law, held that no coverage was available for a lawsuit because the insured failed to provide timely notice to the insurer.
The insured...more
In a win for Wiley’s client, the United States Court of Appeals for the Ninth Circuit, applying California law, held that no coverage was available for an arbitration award awarding amounts owed under a CEO’s separation...more
An intermediate Michigan appellate court has held that coverage was barred for a lawsuit tendered to an insurer nearly two years after the lawsuit was filed because the insured’s late notice did not satisfy the policy’s...more
The U.S. District Court for the Northern District of Illinois, applying Illinois law, has held that a complaint and cross-claims filed in the same lawsuit constitute “related claims” and therefore a single claim first made at...more
The U.S. District Court for the Northern District of Illinois, applying Illinois and Nevada law, has held that prior or pending litigation exclusions bar coverage for a contempt motion filed in a civil action commenced before...more
The U.S. District Court for the Southern District of Georgia, applying Georgia law, has held that a prior knowledge exclusion bars coverage as a matter of law because the insured should have known that a failure to comply...more
The Superior Court of Pennsylvania, applying Pennsylvania law, has affirmed a trial court’s decision that coverage is not available under a claims-made policy where no “claim” was made against the insured during the policy...more
The Court of Appeals of Arkansas, applying Arkansas law, has affirmed a trial court’s decision that an insurer had no duty to defend where the insured received a demand letter constituting a claim under the policy prior to...more
The United States District Court for the Southern District of Florida, applying Florida law, has determined that two lawyers professional liability insurers had a duty to defend where the underlying complaint included at...more
The U.S. District Court for the Northern District of California, applying California law, has held that, under a duty to defend policy, an insurer was required to pay defense costs incurred in a lawsuit where the lawsuit...more
The U.S. District Court for the Northern District of California, applying California law, has found that a single lawsuit contains multiple “Claims.” Stem, Inc. v. Scottsdale Ins. Co., 2021 WL 1736823 (N.D. Cal. May 3,...more