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Wiley Rein LLP

Second Circuit Determines Letter Threatening Litigation Constitutes a Claim First Made Prior to the Policy Period

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The United States Court of Appeals for the Second Circuit, applying New York law, has held that a letter asserting legal liabilities and threatening litigation constitutes a claim first made prior to the policy period. The...more

Wiley Rein LLP

Washington Court Holds Late Notice Bars Coverage Under Claims-Made Policy

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A federal district court, applying Washington law, has held that coverage for a claim was barred because an insured failed to provide notice within the claim-made policy’s reporting deadline. In November 2017, the insured...more

Wiley Rein LLP

Warranty Exclusion Bars Coverage for Demand Letter Referencing SEC Lawsuit Alleging Fraud by Insured Prior to Warranty Date

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The U.S. Court of Appeals for the Ninth Circuit, applying Nevada law, has held that a policy’s warranty exclusion bars coverage for a demand letter alleging that the insured was on notice of fraud by the named insured’s...more

Wiley Rein LLP

Lawsuit not a “Related Claim” to Earlier Demand Letter, but Policy Rescinded Based on Material Misrepresentations in Application

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The United States District Court for the Middle District of Florida has held that an insurer was entitled to rescind a professional liability insurance company where the insured architecture firm made multiple material...more

Carlton Fields

Washington Federal Court Rejects Policyholder’s “Separate Claim” Argument

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In April, a federal district court in the Western District of Washington issued a decision in National Union Fire Insurance Co. v. Zillow, Inc. While at first blush, it may seem only of interest to those who work with media...more

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