The United States Court of Appeals for the First Circuit, applying Massachusetts law, has held that an insurer does not need to prove that it was prejudiced by the insured’s untimely notice to deny coverage under a...more
The United States District Court for the Southern District of New York, applying New York law, has held that an E&O insurer had no obligation to contribute toward the defense of an underlying matter in light of its policy’s...more
The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an insurer’s complaint plausibly alleged that the insured had breached the terms of the policy’s cooperation clause....more
A federal district court, applying Missouri law, has held that an insurer had no duty to defend or indemnify an insured because the underlying litigation alleged intentional conduct that was barred by an intentional acts...more
A federal district court, applying California law, has held that an insurer owed a duty to defend and indemnify an insured in an underlying nuisance litigation under a not-for-profit D&O policy, as the policy’s pollution,...more
1/25/2022
/ Breach of Contract ,
D&O Insurance ,
Duty to Defend ,
Easements ,
Enforcement ,
Excessive Noise ,
Homeowners Association (HOA) ,
Indemnity Agreements ,
Insurance Industry ,
Insurance Litigation ,
Maintenance ,
Nuisance ,
Property Damage ,
Reservation of Rights ,
Speed Limits
The United States Court of Appeals for the Fifth Circuit, applying Texas law, held that an insurer owed a duty to defend its insured in an underlying litigation stemming from a payment card breach because it found that the...more