News & Analysis as of

D&O Insurance Breach of Contract

Wiley Rein LLP

Delaware Federal Court Holds Contract Exclusion Bars Coverage for Claim Against Federal Grant Awardee for Disallowed Costs

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The United States District Court for the District of Delaware, applying Delaware law, has held that no coverage exists under a directors and officers liability policy for a claim arising from disallowed federal grant...more

Rivkin Radler LLP

Insurance Update - April 2024

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Dominance was the theme of this year’s NCAA basketball tournament, with the UConn men’s team winning back-to-back championships and the South Carolina women’s team reclaiming the title with a perfect record. But let’s not...more

Wiley Rein LLP

Breach of Contract Exclusion Bars Coverage for Judgment Rendered in Employment Dispute

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The United States District Court for the Eastern District of Louisiana, applying Louisiana law, has held that an insurer does not need to cover a monetary judgment rendered in favor of two former employees of the insured...more

Wiley Rein LLP

Second Circuit Affirms Ruling That Excess D&O Insurer Is Not Required to Advance Defense Costs

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The U.S. Court of Appeals for the Second Circuit, applying New York law, held that a former director is not entitled to injunctive relief requiring an excess D&O insurer to pay his defense costs because the director has not...more

Wiley Rein LLP

Arbitration Award for Amounts Owed Under Separation Agreement Not Covered Loss

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In a win for Wiley’s client, the United States Court of Appeals for the Ninth Circuit, applying California law, held that no coverage was available for an arbitration award awarding amounts owed under a CEO’s separation...more

Morris James LLP

Delaware Supreme Court Affirms Delaware Choice-of-Law Ruling In Dismissal of D&O Liability Insurance Coverage Dispute

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Stillwater Mining Company v. National Union Fire Insurance Company of Pittsburgh, PA et al., No. 24, 2022 (Del. Jan. 12, 2023) - This decision from Delaware Supreme Court addresses choice-of-law questions for D&O insurance...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2021 – 2022

A review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels in 2021 and 2022. Governance - Striltschuk v. Hryckowian, 202 A.D.3d 497, 160 N.Y.S.3d 56 (2022) - ...more

Woodruff Sawyer

M&A Minute: Do I Need Both an R&W Policy and a D&O Policy?

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As someone who seeks to minimize my clients’ risks associated with Mergers and Acquisitions (M&A) activity, I often field some of the same questions. One of the most common questions my clients have is, “Why do I need a...more

Wiley Rein LLP

Coverage for SXSW Refund Lawsuit Barred by Contract Exclusion

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A magistrate judge of the United States District Court for the Western District of Texas has issued a report and recommendation to the District Court concluding that the contract exclusion in a directors and officers...more

Hinshaw & Culbertson - Insights for Insurers

Part Seven: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

This is the seventh and final installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. Some key decisions impacting the D&O and securities law...more

Wiley Rein LLP

Kansas Federal Court Holds Notice-Prejudice Rule Inapplicable to Claims-Made Policies

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The United States District Court for the District of Kansas, applying Kansas law, has held that the notice-prejudice rule does not apply to claims-made policies. Philadelphia Indem. Ins. Co. v. Great Plains Annual Conference...more

Wiley Rein LLP

Insurer Owes Duty to Defend and Indemnify Nuisance Litigation

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A federal district court, applying California law, has held that an insurer owed a duty to defend and indemnify an insured in an underlying nuisance litigation under a not-for-profit D&O policy, as the policy’s pollution,...more

Wiley Rein LLP

D&O Policy’s Professional Services Exclusion and Contract Exclusion Do Not Bar Coverage For Claims Arising from Trade Show...

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Applying Illinois law, the U.S. District Court for the Northern District of Illinois has held that a D&O policy’s professional services and contract exclusions do not bar coverage for lawsuits seeking damages for fees and...more

Wiley Rein LLP

Where Policy Contains no Duty to Defend, Reasonableness of Insurer’s Decision to Withhold Consent to Settlement Judged from...

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In answering a certified question from the Ninth Circuit, the Arizona Supreme Court has held that, where the policy contains no duty to defend, the objective reasonableness of an insurer’s decision to withhold consent to...more

Foley & Lardner LLP

Managing the Commercial Impact of the Coronavirus: What Claims In-House Counsel Should Expect in the Near Future

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As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world, businesses are now confronting significant and unique challenges. Successful navigation of these challenges...more

Pillsbury - Policyholder Pulse blog

Contractual Liability Exclusion Excised from E&O Policy for Professional Services Company

In an important decision in the world of professional liability (including D&O and E&O policies), the Seventh Circuit recently held that a “contractual liability” exclusion—i.e., an exclusion for claims “based upon or arising...more

Carlton Fields

Cow Manure Meets Insurance Law: Seventh Circuit Addresses Breach of Contract Exclusions in Malpractice Insurance

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Errors and omissions (E&O) and directors and officers (D&O) professional liability insurance policies commonly contain breach of contract endorsements that exclude coverage for claims “based upon or arising out of” a breach...more

White and Williams LLP

Ninth Circuit Rejects Insured’s “Internal Business Practice” Argument and Enforces D&O Policy’s Broad Professional Services...

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Earlier this week, in HotChalk, Inc. v. Scottsdale Insurance Company, No. 16-17287, 2018 U.S. App. LEXIS 14884 (9th Cir. Jun. 4, 2018), the Ninth Circuit Court of Appeals affirmed a District Court’s determination that a...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 9, 2018

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Misrepresentation/Concealment: genuine issues of material fact remained in dispute regarding whether board-certified real estate attorney committed fraudulent or negligent misrepresentation or concealment by falsely assuring...more

Polsinelli

Ninth Circuit Stuffs Policyholders on Defense of TCPA Class Actions

Polsinelli on

In a sweeping opinion in Los Angeles Lakers v. Federal Insurance Co., the Ninth Circuit on Aug. 23, held the Lakers are not entitled to insurance coverage for a class action lawsuit alleging claims under the Telephone...more

Ballard Spahr LLP

Ninth Circuit to Decide Key TCPA Insurance Issue

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The Ninth Circuit Court of Appeals recently heard oral argument in Los Angeles Lakers, Inc. v. Federal Insurance Company, a case raising the issue of whether an exclusion for invasion of privacy claims in a directors and...more

Holland & Knight LLP

Religious Institutions Update: August 2016

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When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more

Cozen O'Connor

Prejudice Not Required in New Jersey To Deny Coverage for Late Notice Under a Claims Made Policy

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On February 11, 2016, the Supreme Court of New Jersey in Templo Fuente de Vida Corp. v. National Union Fire Ins. Co. of Pittsburgh, declared that an insurance company was not required to show it suffered prejudice before...more

McCarter & English, LLP

Policyholders Beware: Failure to Give Timely Notice, as Soon as Practicable During a Claims-Made Policy's Effective Dates or...

The New Jersey Supreme Court recently held that an insurer may disclaim coverage without showing it was prejudiced by a policyholder’s failure to comply with a claims-made policy’s notice provision. In Templo Fuente De...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - November 2015

Despite Prior Suits, Policyholder Entitled to Coverage for DOJ Investigation - Why it matters: A policyholder was entitled to coverage for a Department of Justice (DOJ) investigation despite already facing possibly...more

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