Insurance Litigation, Claims Made Policy, Policy Exclusions

Applying a “Meaningful Linkage” Standard, Delaware Superior Court Concludes Two Lawsuits Do Not “Arise Out Of” Interrelated...

Wiley Rein LLP on 6/9/2025

The Delaware Superior Court has held that an underlying shareholder lawsuit and prior litigation alleging certain common facts did not arise out of Interrelated Wrongful Acts, and did not trigger either the Prior Notice or...more

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

Wiley Rein LLP on 12/20/2024

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

Law Firm Had Duty to Report Omission, Even Though Clients Promised Not to Sue

Wiley Rein LLP on 11/22/2024

The Iowa Court of Appeals has held that a law firm’s clients’ purported assurance that they would not sue the law firm for its omission in representing them did not obviate the firm’s obligation to notify its claims-made...more

Wrongful Business Practices and Wrongful Death Lawsuits Against Nursing Facility Alleging Understaffing Held Not Related Claims

Wiley Rein LLP on 3/21/2024

The United States District Court for the Central District of California, applying California law, has held that wrongful business practices and wrongful death lawsuits against a nursing facility both alleging understaffing by...more

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

Wiley Rein LLP on 11/7/2023

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

Insurance Update - October 23, 2023

Rivkin Radler LLP on 10/24/2023

Here’s what we discuss in our October Insurance Update. Illinois: Environmental Suits Alleging Non-Compliance with Laws and Regulations Did Not Assert an “Occurrence”- Massachusetts (federal): Insurer May Consider Sums...more

Insurance Update - September 2023

Rivkin Radler LLP on 9/26/2023

We touch upon several topics in our September Insurance Update. We begin with two federal circuit court rulings on late notice – one involving a claims-made policy and the other an occurrence policy. In these cases, the...more

First Circuit Holds No Coverage Where Insured Failed to Provide Timely Notice of Claim

Wiley Rein LLP on 9/6/2023

The United States Court of Appeals for the First Circuit, applying Massachusetts law, held that no coverage was available for a lawsuit because the insured failed to provide timely notice to the insurer. The insured...more

Mind the Proper Use of ‘Prior Knowledge’ Exclusions

Ervin Cohen & Jessup LLP on 5/6/2022

Liability insurance written on a claims made basis is designed to protect an insured against claims asserted following the policy’s inception even if the acts giving rise to the claim took place prior to policy inception. But...more

In Rare Move, Seventh Circuit Reverses Itself and Holds that Insured Did Not Lose Coverage for Notifying Consecutive Insurers of a...

Neal, Gerber & Eisenberg LLP on 8/30/2019

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

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