NGE OnDemand: The Importance of Timely Reporting Occurrences, Claims and Suits to Insurers with Paul Walker-Bright
Directors and officers facing liability claims, including investigations and enforcement proceedings, must pay careful attention to the notice provisions of their directors’ and officers’ (D&O) liability coverage policies and...more
An Indiana federal court, applying Indiana law, has held that an insurer could rescind a claims-made-and-reported professional errors and omissions policy based on misrepresentations made by the insured in the policy renewal...more
The United States Court of Appeals for the Ninth Circuit, applying California law, has held that a strict compliance standard applies to satisfying the notice requirement under a claims-made-and-reported policy. The insured...more
We touch upon several topics in our September Insurance Update. We begin with two federal circuit court rulings on late notice – one involving a claims-made policy and the other an occurrence policy. In these cases, the...more
The frequency and cost of commercial claims have increased significantly in recent years, and given rising inflation and the legal landscape, we expect this trend to continue. While we know many would prefer not to focus on...more
A Montana federal court has held that the notice-prejudice rule is inapplicable to claims-made policies as a matter of Montana law. Hanover Ins. Grp. v. Aspen Am. Ins. Co., 2021 WL 3769324 (D. Mont. Aug. 23, 2021). The court...more
Claims-made liability insurance policies typically require the policyholder to notify the insurer of a claim within a set amount of time — typically during the policy period, or within a specific period of time after the end...more
It is rare for the federal courts of appeals to grant petitions for rehearing. See Hon. R. Arnold, “Why Judges Don’t Like Petitions for Rehearing,” 3 J. App. Prac. & Proc. 29 (2001). Current statistics are a bit hard to find,...more
In an unpublished decision, the Ninth Circuit affirmed the Central District of California’s interpretation of the related acts provision in a professional liability policy,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
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
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
As every policyholder should know, purportedly “late” notice under claims-made insurance policies can eradicate coverage – even if the policyholder purchases successive policies from the same insurer. Alaska Interstate...more
Claims-made policies often cover acts that occur before a policy period, so long as they result in a covered claim during the policy period. This is a fundamental difference between claims-made and occurrence policies. But...more