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Professional Liability Insurance Claims Policy Exclusions

Rivkin Radler LLP

July 2025 Insurance Update

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We cover a broad range of topics in this month’s insurance update. The Supreme Court of Vermont considers how to measure a boat’s capacity under a watercraft exclusion. The Sixth Circuit decides whether an equipment...more

Wiley Rein LLP

Louisiana Appellate Court Enforces Bodily Injury Exclusion in an Errors and Omissions Policy

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The Court of Appeal of Louisiana, Third Circuit, has held that a bodily injury exclusion in a carrier’s errors and omissions policies barred coverage for a third-party claim by another carrier and a third-party demand by an...more

Wiley Rein LLP

Coverage for Post-Tender Remediation Costs Precluded as Voluntary Payments Where Insured Admitted and Assumed Liability Before...

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A federal district court, applying New York law, has held that a “voluntary payments provision” precluded coverage for an insured’s post-tender costs to remediate its engineering errors because the insured admitted and...more

Rivkin Radler LLP

April 2025 New York Insurance Coverage Law Update

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John H. Fisher and his P.C. represented a client in a medical malpractice action filed on February 15, 2019, alleging that the defendant medical providers failed to provide proper prenatal care to the client, causing the...more

Wiley Rein LLP

No Coverage for Lawsuit Where “Claim” First Made at Time of Pre-Inception Tolling Agreement

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In a win for Wiley’s client, a New York intermediate appellate court, applying New York law, has affirmed that no coverage is available for a legal malpractice lawsuit because the “claim” was first made before the policy’s...more

Sheppard Mullin Richter & Hampton LLP

The California Court of Appeal Interprets the Meaning of “Care, Custody, or Control” in the Context of an Abuse or Molestation...

In 2015, Continental Casualty Company issued a commercial general liability policy to Zongwei Shen dba Nobles Massage Spa. The policy covered Shen (the spa owner) and Zhong Xin (the spa manager and Shen’s wife) for damages...more

Wiley Rein LLP

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

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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

Wiley Rein LLP

New York Federal Court Holds Prior Knowledge Exclusion Applies Only to Known Claims, Not Facts and Circumstances That Could Lead...

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Applying New York state law, the United States District Court for the Northern District of New York held that a professional liability insurer had waived its rescission claims by failing to request additional explanations for...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2023

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The owners hired a general contractor (GC) insured by Amerisure to build a movie theatre, and the GC hired a masonry subcontractor (Sub) insured by Selective under a primary and umbrella policy...more

Carlton Fields

Investment Advisory Firm’s Unlawful Copying and Distribution of Industry Publication to Firm Employees Not Covered by Professional...

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A California court recently held that an investment advisory firm’s losses stemming from its alleged copying and distribution of Oil Daily, an energy industry publication, to the firm’s advisers were not covered by investment...more

Carlton Fields

Ninth Circuit Applies Willful Violation of Law Exclusion in Professional Liability Policy To Preclude Coverage for Wrongful Death...

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In National Fire & Marine Insurance Company v. Hampton, No. 19-17235 (9th Cir. Oct. 21, 2020), the Ninth Circuit held that a doctor’s guilty plea to the unlawful distribution of a controlled substance barred insurance...more

Wiley Rein LLP

Doctor’s Guilty Plea Establishes Basis for “Willful Violation” Exclusion from Coverage in Wrongful Death Case

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Applying Nevada law, the Ninth Circuit has held that a professional liability insurer did not have a duty to defend or indemnify a doctor for a wrongful death action because the doctor’s guilty plea triggered an exclusion for...more

Wiley Rein LLP

No Coverage for TPA in Claim Arising from Extracontractual Exposure to Insurer

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A federal district court has ruled that a third-party administrator’s professional liability policy does not afford coverage for a claim against the TPA arising from an excess judgment against the TPA’s...more

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