Insurance Litigation, Liability Insurance, Claims Made Policy

One Claim Can’t Be “Deemed Made” Twice, Minnesota Court Holds

Wiley Rein LLP on 5/12/2025

The Minnesota Court of Appeals has held that a malpractice claim was “deemed made” against an insured law firm when it received from its former client’s new counsel a letter directing the law firm to preserve records related...more

Better Late Than Never? Not So for Directors’ and Officers’ Liability Coverage

Davies Ward Phillips & Vineberg LLP on 8/30/2024

Directors and officers facing liability claims, including investigations and enforcement proceedings, must pay careful attention to the notice provisions of their directors’ and officers’ (D&O) liability coverage policies and...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

New York Insurance Coverage Law Update - October 2023

Rivkin Radler LLP on 10/27/2023

The insured, a jewelry business, filed a coverage action against Certain Underwriters at Lloyd’s of London, which denied coverage to the insured under a policy purchased for the insured’s jewelry. The insured’s complaint...more

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

Wiley Rein LLP on 9/12/2022

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

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