News & Analysis as of

Claims Made Policy Denial of Insurance Coverage D&O Insurance

Wiley Rein LLP

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

Wiley Rein LLP on

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

No Coverage for Claim Involving New Defendants and Alleging New Wrongful Acts Where Claim Relates Back to Earlier Policy Period

Wiley Rein LLP on

The United States District Court for the Southern District of Florida, applying Florida law, has held that a D&O policy did not cover a claim against directors because the claim related back to an earlier policy period, even...more

Wiley Rein LLP

South Dakota Supreme Court Holds That Liquidator Can Make Claims for Coverage Up to Six Months After Expiration of Claims-Made...

Wiley Rein LLP on

The Supreme Court of South Dakota has held that a state insurance liquidator’s notice of a claim first made and reported four months after the insolvent insurer’s claims-made policy period had ended was within the policy’s...more

Cozen O'Connor

Seventh Circuit Affirms Ruling that Notice of an Amended Complaint was Untimely

Cozen O'Connor on

On October 24, 2022, the U.S. Court of Appeals for the Seventh Circuit, in Hanover Ins. Co. v. R.W. Dunteman Co., 2022 WL 13769371, --- F.4th --- (7th Cir. Oct. 24, 2022) (applying Illinois law), affirmed a district court’s...more

Bradley Arant Boult Cummings LLP

Beware of Prior Act Exclusions and Retroactive Dates When Procuring or Renewing Coverage

An 11th Circuit decision issued earlier this year serves as a reminder of the importance of carefully evaluating time-based exclusions and retroactive dates when procuring or renewing coverage. Liability policies such as...more

Cozen O'Connor

Prejudice Not Required in New Jersey To Deny Coverage for Late Notice Under a Claims Made Policy

Cozen O'Connor on

On February 11, 2016, the Supreme Court of New Jersey in Templo Fuente de Vida Corp. v. National Union Fire Ins. Co. of Pittsburgh, declared that an insurance company was not required to show it suffered prejudice before...more

McCarter & English, LLP

Policyholders Beware: Failure to Give Timely Notice, as Soon as Practicable During a Claims-Made Policy's Effective Dates or...

The New Jersey Supreme Court recently held that an insurer may disclaim coverage without showing it was prejudiced by a policyholder’s failure to comply with a claims-made policy’s notice provision. In Templo Fuente De...more

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