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Based on Defamation Allegations, Insurer Must Defend Property Management Company against Lawsuit for Unlawful Security Deposit and...

The United States District Court for the Southern District of California, applying California law, held that a professional liability insurer had a duty to defend a property management company against a class action lawsuit...more

Promissory Estoppel Claim Allowed to Proceed Against Insurer Based on Reversal in Coverage Position

The United States District Court for the Southern District of Florida, applying Florida law, denied an excess insurer’s motion to dismiss an estoppel claim where the insurer reversed its coverage position on which the insured...more

Insurer’s Motion to Dismiss Denied Where Complaint Plausibly Alleged Rescission of Policies Was Untimely Under Wisconsin Statute

The United States Bankruptcy Court for the Eastern District of Wisconsin, applying Wisconsin law, denied an insurer’s motion to dismiss on the grounds that the insured dentist’s complaint plausibly alleged that the insurer’s...more

Insurer Entitled to Rescission Based on Insured’s Failure to Disclose Known Lawsuits

The United States District Court for the Western District of Missouri, applying Missouri law, has held that, as a matter of law, an insurer is entitled to rescind insurance policies where the insureds failed to disclose two...more

Eighth Circuit Affirms Medicare Reimbursement Claim Is Not “Based on Professional Services”

The United States Court of Appeals for the Eighth Circuit, applying Iowa law, has held that a professional liability insurer had no duty to defend and indemnify a medical clinic and its director for claims by the clinic...more

Second Circuit Affirms No Duty to Defend Claims Against Construction Firm Outside the Scope of Professional Liability Coverage

The United States Court of Appeals for the Second Circuit, applying New York law, has held that neither of two claims against an insured construction company fell within the scope of coverage under the company’s claims-made...more

Irreconcilable “Other Insurance” Clauses Result in Pro Rata Allocation of Defense Costs

The United States District Court for the Eastern District of Michigan, applying Michigan law, has held that irreconcilable “other insurance” provisions in two polices, each with a concurrent duty to defend, cannot be given...more

Insured’s Failure to Allocate Settlement Between Covered and Uncovered Claims Precludes Recovery

The United States District Court for the Southern District of Florida, applying Florida law, has held that an insurer had no obligation to provide any coverage for its insured’s unallocated, lump-sum settlement payment made...more

Good Faith but Mistaken Denial of Coverage Does Not Support Bad Faith Claim or Consequential or Punitive Damages

A New York federal district court, applying New York law, has held that a manager of a restaurant venture may not pursue a bad faith claim against his directors and officers liability insurer where the insurer’s coverage...more

No 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. Sistrunk v. Haddox, 2021...more

No Coverage Under Legal Malpractice Policy for Solo Practitioner’s Family Disputes

A Pennsylvania federal district court has held that a solo practitioner’s legal malpractice policy did not provide coverage for litigation arising out of several disputes with the attorney’s family because the attorney failed...more

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