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Insurance Litigation Demand Letter

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

Marshall Dennehey

County Court Rules in Favor of Insurer Regarding Attorney’s Fees in Suit Where Insurer Cured Plaintiff’s § 627.736(10) Demand...

Marshall Dennehey on

Steven J. Melilli, D.C., P.A., (Patient: M. Krugliak) v. State Farm Mutual Auto. Ins. Co., County Court, 6th Judicial Circuit Pinellas County, Case No: 19-004553-SC - This suit involved a complaint filed by the plaintiff...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Lawsuit not a “Related Claim” to Earlier Demand Letter, but Policy Rescinded Based on Material Misrepresentations in Application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

White and Williams LLP

District of Maryland: Prior Knowledge Exclusion in Policy Application Bars Coverage

Professional liability insurance policies often contain prior knowledge exclusions, which typically bar coverage when an insured has “knowledge or information of any act, error or omission which may give rise to a Claim.”...more

Carlton Fields

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

Carlton Fields on

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

Pullman & Comley, LLC

Too Soon! First Circuit Finds No Duty To Defend Before Suit Is Filed

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Can something short of the filing of a complaint trigger an insurer’s duty to defend? It’s not an idle question. Uncertainty on this issue could produce an unintended breach, and, in some jurisdictions, breach of the duty to...more

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