News & Analysis as of

Insurance Industry Claims Made Policy Policy Exclusions

Wiley Rein LLP

Wrongful Business Practices and Wrongful Death Lawsuits Against Nursing Facility Alleging Understaffing Held Not Related Claims

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The United States District Court for the Central District of California, applying California law, has held that wrongful business practices and wrongful death lawsuits against a nursing facility both alleging understaffing by...more

Rivkin Radler LLP

Insurance Update

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In our November Insurance Update, we address consent, “occurrence,” malicious prosecution, claims-made reporting requirements, and the duty to defend. Consent has seemed to plague TV-maker Vizio. First, it got into trouble...more

Wiley Rein LLP

Late Notice Bars Coverage for Claim Noticed to Insurer After 60 Days of Insured’s Receipt of Claim

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The United States Court of Appeals for the Ninth Circuit, applying California law, has held that no coverage was available under an employment practices liability insurance policy because the insured failed to give notice...more

Rivkin Radler LLP

Insurance Update - October 23, 2023

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Here’s what we discuss in our October Insurance Update. Illinois: Environmental Suits Alleging Non-Compliance with Laws and Regulations Did Not Assert an “Occurrence”- Massachusetts (federal): Insurer May Consider Sums...more

Rivkin Radler LLP

Insurance Update - September 2023

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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

Wiley Rein LLP

First Circuit Holds No Coverage Where Insured Failed to Provide Timely Notice of Claim

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The United States Court of Appeals for the First Circuit, applying Massachusetts law, held that no coverage was available for a lawsuit because the insured failed to provide timely notice to the insurer. The insured...more

Wiley Rein LLP

No Coverage for Claim That “Correlates” to Claim Made Before Policy Period

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The United States Court of Appeals for the Eleventh Circuit has held that, under Florida law, no coverage was available under a claims-made policy for a claim that “correlates” to a claim made before the policy period....more

Ervin Cohen & Jessup LLP

Mind the Proper Use of ‘Prior Knowledge’ Exclusions

Liability insurance written on a claims made basis is designed to protect an insured against claims asserted following the policy’s inception even if the acts giving rise to the claim took place prior to policy inception. But...more

Carlton Fields

“Arising” tide for insurers: 11th Circuit takes expansive view of Prior Acts Exclusion

Carlton Fields on

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

Zelle  LLP

An Analysis of Environmental Impairment Liability Issues

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Environmental impairment liability (EIL) policies currently available in the market provide very broad coverage. Thus, an EIL policy may provide coverage for an insured’s owned site clean-up costs, off-site clean-up costs,...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - September 2015

Exception to Mold Exclusion Requires Defense of Suit Alleging Injuries From Moldy Water - Why it matters: An exclusion for "Fungi or Bacteria" did not prevent a federal court judge in Tennessee from ordering an insurer...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - April 2015

Legal Issues Not Proper Expert Testimony - Why it matters: As a good reminder concerning the boundaries for admissibility of expert opinions, a federal court in Texas recently granted a policyholder’s motion to strike an...more

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