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
A federal district court, applying Washington law, has held that coverage for a claim was barred because an insured failed to provide notice within the claim-made policy’s reporting deadline.
In November 2017, the insured...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 New York state court held that there was no duty to defend or indemnify an insured in connection with an underlying litigation because the operative complaint did not allege that the insured was acting in its professional...more
Applying the law of Mississippi, a federal district court held that coverage was unavailable under a claims-made policy for an underlying lawsuit because the lawsuit, which was filed after the expiration of the policy period,...more