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Insurer May Rescind Policy and Recoup Defense Costs Based on Insured’s Failure to Disclose Known Potential Claim

A California federal district court, applying California law, allowed an insurer to rescind an elder care facility’s policy based on material misrepresentations in the application regarding known circumstances that could...more

No Coverage Under Legal Malpractice Policy for Solo Practitioner’s Family Disputes

A Pennsylvania federal district court has held that a solo practitioner’s legal malpractice policy did not provide coverage for litigation arising out of several disputes with the attorney’s family because the attorney failed...more

Insurer Estopped from Denying Coverage for Legal Malpractice Action But Not Subsequent Disgorgement Action

The U.S. District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has held that an insurer is estopped from denying coverage for a legal malpractice action after defending the action for over a year...more

Prior Knowledge Exclusions Apply Where Insured Received Three Letters from Potential Claimants and Issued Two Litigation Holds...

In a case in which Wiley represented the insurer, the United States District Court for the Eastern District of Virginia, applying New York law, has held that three prior knowledge exclusions barred coverage under an...more

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