Lawsuit Filed After Expiration of Policy Period for Lawyer’s Negligent...
Applying the law of Mississippi, a federal district court held that coverage was unavailable under a claims-made policy for an underlying lawsuit because the lawsuit, which was filed after the...
View ArticleAlleged Breach of Fiduciary Duty Not a “Securities Claim”
The United States District Court for the District of Delaware, applying Delaware law, has held that lawsuits alleging breaches of fiduciary duty did not constitute “Securities Claims” under a D&O...
View ArticleSEC Investigation of Company Not a “Claim” or “Securities Claim”
Applying New York law, the United States District Court for the Southern District of New York has held that an SEC investigation of the insured company did not constitute a “Securities Claim,” where...
View ArticlePrior Knowledge Provisions Barred Coverage for Malpractice Claim Based on...
The Montana Supreme Court has held that there was no coverage under a lawyers professional liability policy for a client’s malpractice claim because the lawyer knew of and failed to disclose, prior to...
View ArticleWrongful Acts Alleged in Class Action Based on Corporate Policy Are Not...
The United States District Court for the Southern District of New York has held that an insurer has a duty to defend its insured’s subsidiary in a class action lawsuit that alleges wrongful conduct...
View ArticleNinth Circuit Holds Notice-Prejudice Rule Inapplicable to...
Applying Montana law, the Ninth Circuit Court of Appeals has held that a claim made during one claims-made policy period but not noticed until a second policy period was not covered under either...
View ArticleCommon-Law Claims Associated with Unsolicited Faxes Held to be “Arising Out...
The United States Court of Appeals for the Seventh Circuit, applying Illinois law, has held that common-law tort claims regarding errant faxes arose out of the Telephone Consumer Protection Act (TCPA)...
View ArticleCoverage for Suit Arising from Settlement of Previous Litigation Not Barred...
Applying California law, the United States Court of Appeals for the Ninth Circuit has held that a fiduciary liability policy’s Prior and Pending Proceeding Exclusion did not bar coverage for litigation...
View ArticleMultiple Lawsuits Arising Out of Employee’s Alleged Sexual Abuse of Multiple...
The Illinois Court of Appeals, applying Illinois law, has held that multiple lawsuits filed against a school district arising out of an employee’s alleged sexual abuse of children constitute a “single...
View ArticleNo Coverage for Claim First Made and Reported After Policy Expired
A Louisiana federal district court has held that a claims-made-and-reported professional liability policy did not provide coverage for a claim first made and reported years after the policy expired....
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