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Policy Terms › Claims Made Policy › Professional Liability Insurance

Wiley Rein LLP

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

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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

Farella Braun + Martel LLP

Claims-Made Policy Note: Policy’s Use of Defined Terms May Expand or Limit Coverage Under Related Acts Provision

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In an unpublished decision, the Ninth Circuit affirmed the Central District of California’s interpretation of the related acts provision in a professional liability policy,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

White and Williams LLP

Another Court Applies New York’s “Sufficient Factual Nexus” Test to Related Claims

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Claims-made insurance policies typically contain provisions providing that all “related claims” be treated as a single “claim,” deemed first made at the time the earliest of such claims was made. The related claims issue is...more

Bradley Arant Boult Cummings LLP

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

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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

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