NGE OnDemand: The Importance of Timely Reporting Occurrences, Claims and Suits to Insurers with Paul Walker-Bright
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
The United States District Court for the Eastern District of Virginia, applying Virginia law, has held that two lawsuits alleging misconduct based on flawed drug testing procedures performed by the insured do not constitute...more
Claims-made liability insurance policies typically require the policyholder to notify the insurer of a claim within a set amount of time — typically during the policy period, or within a specific period of time after the end...more
It is rare for the federal courts of appeals to grant petitions for rehearing. See Hon. R. Arnold, “Why Judges Don’t Like Petitions for Rehearing,” 3 J. App. Prac. & Proc. 29 (2001). Current statistics are a bit hard to find,...more
In an unpublished decision, the Ninth Circuit affirmed the Central District of California’s interpretation of the related acts provision in a professional liability policy, holding that related acts reported in a prior policy...more
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
Claims-made policies often cover acts that occur before a policy period, so long as they result in a covered claim during the policy period. This is a fundamental difference between claims-made and occurrence policies. But...more