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SEC Tolling Request Not a Securities Claim Against Insured Company Under D&O Policy

A Delaware Superior Court, applying Delaware law, has held that the United States Securities and Exchange Commission’s (“SEC”) request to toll the statute of limitations did not constitute a “Securities Claim” under a D&O...more

Capacity Exclusion Bars Coverage for Settlement Involving Director’s Self-Dealing While Acting in Dual Capacity as Shareholder and...

A New Jersey appellate court, applying New Jersey law, has held that the capacity exclusion in a directors and officers policy precluded coverage for a settlement of lawsuits alleging that an insured director defrauded a...more

Insured Not Entitled to a Windfall Under Cyber Policy’s Business Interruption Insuring Agreement

In a win for Wiley’s client, the United States District Court for the Eastern District of Arkansas, applying Arkansas law, has held that a cyber policy’s business interruption coverage should not result in a windfall for an...more

Allegation That Officer was CEO of Insured Organization Sufficient to Survive Capacity Challenge to D&O Coverage

The United States District Court for the Central District of California, applying California law, has held that an underlying pleading sufficiently alleged that an individual was sued in an insured capacity as an officer of...more

Violation-of-Law Exclusion Defeats Duty to Defend BIPA Lawsuit

The Appellate Court of Illinois, First District, applying Illinois law, has held that two general liability insurers do not owe a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA)...more

No Cyber Insurance Coverage for Vehicle Thefts Purchased Online Using Fake Identities

In a win for Wiley’s clients, a Louisiana federal court, applying Louisiana law, has held that an insured’s contractual obligation to remit funds to a lender did not constitute a Claim under a cyber policy, and that vehicle...more

Insurer Has Duty to Defend BIPA Lawsuit Alleging Violation of Privacy in the Creation of Fingerprint Data

The Appellate Court of Illinois, First District, applying New York law, has held that an insurer owed a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA) violations because the...more

Insurer Must Show Prejudice to Deny Coverage for Untimely Notice Under Claims-Made Policy

The United States District Court for the Central District of California, applying California law, has held that an insurer must show prejudice to deny coverage for untimely notice under a claims-made policy....more

Lawyer’s Professional Liability Insurer has Duty to Defend Suit Alleging Sexual Assault of Client

Applying Maine law, the United States District Court for the District of Maine has held that a legal professional liability insurer had a duty to defend an insured attorney against a suit alleging sexual assault of a client,...more

No Coverage for Wrongful Acts Alleged in Lawsuit Received Prior to Policy Period

Applying Texas law, the United States District Court for the Western District of Texas has held that a claims-made policy did not provide coverage for an underlying suit where the allegations in that lawsuit were based on the...more

Pre-Policy Settlement Letter Deemed a “Claim,” Barring Coverage for Related Lawsuits

Applying California law, the United States Court of Appeals for the Ninth Circuit has held that a letter proposing an informal settlement received before the policy period constituted a claim, such that no coverage was...more

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