Subpoena Not a ‘Claim’ When Issued in Litigation Not Involving Insured’s...
Applying New York law, the United States District Court for the Southern District of New York has held that, because a subpoena duces tecum previously issued to the insured by a post-judgment creditor...
View ArticleVague Allegations Did Not Trigger Prior Knowledge Condition at Duty-to-Defend...
Applying Texas law, the United States Court of Appeals for the Fifth Circuit has held that a prior knowledge condition did not relieve an insurer of its duty to defend where an underlying complaint...
View Article“Known Loss” Provision Bars Coverage for Lawsuit Threatened in Pre-Policy...
The Wisconsin Court of Appeals has held that a “known loss” provision in an E&O policy barred coverage for a lawsuit filed against an insured because the lawsuit previously was threatened in a...
View ArticleNo Duty to Defend or Indemnify Lawsuit Overlapping With Prior EEOC Charge
Applying Illinois law, a federal district court has held that an insurer had no duty to defend or indemnify an insured for a lawsuit that derived in part from facts or circumstances that were the...
View ArticlePre-Policy Period Letters to Disqualified Counsel from Claimant’s New...
The Georgia Court of Appeals has held that correspondence to an insured attorney from a former client’s new counsel potentially alluding to a malpractice suit did not constitute a claim and that...
View ArticleFact Issues Preclude Summary Judgment on Prior Knowledge Exclusion
The United States District Court for the District of Connecticut, applying Connecticut law, has denied cross-motions for summary judgment, finding that fact issues remain with regard to whether the...
View ArticlePrior Knowledge Exclusions Apply Where Insured Received Three Letters from...
In a case in which Wiley represented the insurer, the United States District Court for the Eastern District of Virginia, applying New York law, has held that three prior knowledge exclusions barred...
View ArticleInsurer Had No Duty to Defend or Indemnify for Lawsuit Refiled During the...
Applying Illinois law, a federal district court has held that an insurer did not have a duty to defend or indemnify for a lawsuit that was filed and dismissed prior to the policy period and later...
View ArticleDisclosure of False Claims Act Investigation Not Required by Policy...
The United States District Court for the Northern District of Ohio, applying Ohio law, has held that coverage for a retaliation claim under a claims-made directors and officers, employment practices,...
View ArticlePrior Knowledge and Prior Notice Exclusions Barred Coverage For Legal...
The United States District Court for the District of North Dakota has held that an insurer had no duty to defend a claim under a lawyers professional liability policy where the insured had prior...
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