News & Analysis as of

Insurance Litigation Insurance Industry Errors and Omissions Policy

Wiley Rein LLP

No Prejudice Required for Late Notice Under Claims-Made E&O Policy

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The United States District Court for the Southern District of New York, applying Michigan law, has held that a claims-made E&O policy does not afford coverage where the insured failed to comply with a condition precedent to...more

Wiley Rein LLP

Illinois Appeals Court Holds an Ankle Monitor Is “Potentially” Computer Hardware Triggering Duty to Defend Under Technology E&O...

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An Illinois appellate court, applying Illinois law, has held that a professional liability carrier had a duty to defend an ankle monitoring company against a lawsuit alleging bodily injury while wearing the ankle monitor...more

Wiley Rein LLP

Bodily Injury Exclusion in E&O Policy Bars Coverage Under New York Law

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In a win for Wiley’s client, the United States District Court for the Eastern District of New York, applying New York law, has held that a bodily injury exclusion bars coverage under an errors and omissions policy for...more

Wiley Rein LLP

Threat of Bad Faith Does Not Constitute a “Claim” Under Insurance Company’s Professional Liability Policy

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An Ohio federal court, applying Ohio law, has held that a letter threatening a bad faith action against an insured insurance company did not constitute a “Claim” for the purposes of the company’s errors and omissions...more

Wiley Rein LLP

No E&O Coverage for Settlement of Illinois State Governmental Investigation

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The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an E&O policy does not afford coverage for a settlement with two government agencies, including the payment of fines...more

Wiley Rein LLP

Insurer With Excess “Other Insurance” Clause Owes No Defense Obligations

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The United States District Court for the Southern District of New York, applying New York law, has held that an E&O insurer had no obligation to contribute toward the defense of an underlying matter in light of its policy’s...more

Wiley Rein LLP

No Coverage for Loss in Consequence of Social Engineering Fraud

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Applying North Carolina law, a federal district court has held that an E&O insurance policy does not provide coverage for loss arising from social engineering fraud despite the fact that the insured’s negligence also...more

Wiley Rein LLP

Federal Court Declines to Exercise Jurisdiction Over Rescission Action

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The United States District Court for the Western District of Wisconsin has declined to decide whether an insurer properly rescinded an errors and omissions policy after learning of potential claims arising from events that...more

Wiley Rein LLP

Sexual Misconduct Exclusion Bars E&O Coverage for Title IX Claim

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The United States Court of Appeals for the Seventh Circuit has held that a sexual misconduct exclusion unambiguously barred errors and omissions coverage for a Title IX claim as a matter of Illinois law. Netherlands Ins. Co....more

Wiley Rein LLP

Insurance Commissioner’s Suit Brought in his Capacity as Receiver of Insolvent Insurer Does Not Constitute A “Governmental Claim”

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The United States District Court for the District of Connecticut has held that a lawsuit filed by a state insurance commissioner in his capacity as private receiver on behalf of an insolvent insurer was not a “Governmental...more

Ervin Cohen & Jessup LLP

Insureds Seek Coverage For Breaches Under Traditional Policies

There have been a number of high-profile insurance coverage cases arising from losses due to cyber fraud – especially data breaches, "spoofing'' and payment instruction fraud. While cyber insurance is specifically designed to...more

Bowditch & Dewey

Extending Liability Coverage By Providing Notice of Circumstances

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Litigation concerning COVID-19 has already begun. A number of lawsuits have been filed against cruise lines alleging that they were negligent by operating with infected passengers and crew members and failing to screen...more

White and Williams LLP

Insureds Suing Individual Adjusters – What Will Change If The Washington Supreme Court Decides That Adjusters May Be Sued For Bad...

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In Keodalah v. Allstate Insurance Company, the Washington Supreme Court is set to determine whether individual insurance adjusters (as distinguished from the insurers for which they work) may be sued for bad faith and...more

Carlton Fields

Bankruptcy Court Holds Bermuda Insurers Violated Barton Doctrine By Seeking Anti-Suit Injunctions In Bermuda Courts

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Two separate courts in the Southern District of New York have recently issued opinions relating to a complicated bankruptcy proceeding following the collapse of MF Global Holdings Ltd. in 2011. The underlying dispute involves...more

Cozen O'Connor

When is Rescission Based Upon Material Misrepresentations The Proper Course of Action?

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Carriers rely on application representations regarding the existence of potential claims. Sometimes, the carrier learns after the fact that an applicant may not have reported all known potential claims. What can/should the...more

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