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Appellate Courts › Claims Made Policy

Wiley Rein LLP

Post-Termination Correspondence between Insured and its Former Officer Did Not Constitute a “Claim”

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The United States Court of Appeals for the Eleventh Circuit, applying Florida law, has held that letters from an insured company explaining the basis for termination of its CEO and President and requesting that he preserve...more

Wiley Rein LLP

Illinois Appellate Court Holds Interrelated Wrongful Acts Provision and Prior and Pending Litigation Exclusion Bar Coverage

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The Appellate Court of Illinois has held that an underlying lawsuit was interrelated with another lawsuit brought against the insured by a different claimant, and thus precluded from coverage pursuant to the policy’s...more

Wiley Rein LLP

Late Notice Bars Coverage for Claim Noticed to Insurer After 60 Days of Insured’s Receipt of Claim

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The United States Court of Appeals for the Ninth Circuit, applying California law, has held that no coverage was available under an employment practices liability insurance policy because the insured failed to give notice...more

Wiley Rein LLP

Claims Arising from Undisclosed Circumstances Barred by Exclusion in Application

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The United States Court of Appeals for the Sixth Circuit, applying Ohio law, has held that a warranty exclusion barred coverage for a claim arising from circumstances that were not disclosed in an insured’s application for...more

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Untimely Claims Preclude Attempt to Arbitrate Coverage Dispute

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The Court of Appeals of Indiana, applying Indiana law, has held that an arbitration provision in the insured company’s business owners’ policies was inapplicable because the claims at issue were not brought until after the...more

Wiley Rein LLP

Amended Complaint Adding Allegations and Defendants Not an Independent Claim

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The United States Court of Appeals for the Seventh Circuit, applying Illinois law, has affirmed that a claims-made D&O policy does not afford coverage where the insured failed to report a lawsuit when made and reported only...more

Wiley Rein LLP

No Coverage for Claim That “Correlates” to Claim Made Before Policy Period

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The United States Court of Appeals for the Eleventh Circuit has held that, under Florida law, no coverage was available under a claims-made policy for a claim that “correlates” to a claim made before the policy period....more

Wiley Rein LLP

Third Circuit Holds No Showing of Prejudice Required Under Delaware Law to Enforce Late Notice Provision in Claims-Made Policy

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The United States Court of Appeals for the Third Circuit, applying Delaware law, has held that an insurer was not obligated to provide coverage where the insured had provided notice of its claim after the end of the relevant...more

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No Coverage Under Claims-Made Policy Where No 'Claim' Made Against Insured During Policy Period

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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

Rivkin Radler LLP

Insurance Update - April 2022

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Cases in our April Insurance Update address several questions: •Are costs incurred to comply with a subpoena covered? •What must an insured show to rebut the presumption of prejudice in a late notice situation? •What...more

Wiley Rein LLP

No Coverage Under Claims-Made Policy Where Insured Reported Alleged Injury, But No Claim Was Made, During the Policy Period

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The United States Court of Appeals for the Fifth Circuit, applying Mississippi law, has held that a claims-made and reported policy does not provide coverage where the claimant did not assert a claim during the relevant...more

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