Insurance Industry, Policy Terms, Claims Made Policy

Better Late Than Never? Not So for Directors’ and Officers’ Liability Coverage

Davies Ward Phillips & Vineberg LLP on 8/30/2024

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

Policy Rescinded Based on Insured’s Material Misrepresentation in Renewal Application

Wiley Rein LLP on 6/14/2024

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

Ninth Circuit Applies “Strict Compliance” Standard to Notice Requirement Under Claims-Made-and-Reported Policy

Wiley Rein LLP on 4/2/2024

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

Insurance Update - September 2023

Rivkin Radler LLP on 9/26/2023

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

Montana Federal Court Holds that Notice-Prejudice Rule Does Not Apply to Claims-Made Policy

Wiley Rein LLP on 9/10/2021

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

The Perils of Late Notice

Bradley Arant Boult Cummings LLP on 8/30/2017

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

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

Carlton Fields on 8/3/2017

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

Insurance Industry › Policy Terms › Claims Made Policy