September 2023

• First Circuit Confirms That Late Notice Bars Coverage Under Claims-Made-And-Reported Policy
• Fourth Circuit: Search Warrant Does Not Constitute a “Claim”
• Related Claim Provision Bars Coverage for Discrimination Claims Asserted Over a Six-Year Period
• Insurers Owe Coverage for Settlement Despite Bump-Up Provision
• Based on Defamation Allegations, Insurer Must Defend Property Management Company against Lawsuit for Unlawful Security Deposit and Late Fee Practices
• Mississippi Federal District Court Requires Insurer to Establish Prejudice to Deny Coverage Based on Untimely Notice

August 2023

• Arbitration Award for Amounts Owed Under Separation Agreement Not Covered Loss
• Eleventh Circuit Holds Filing of Charge with EEOC Constitutes An “Administrative Proceeding”
• Claim Against Physician Arising out of Criminal Misconduct in the Sexual Assault of a Patient Does Not Involve Covered “Professional Services”
• Promissory Estoppel Claim Allowed to Proceed Against Insurer Based on Reversal in Coverage Position
• Material Misrepresentations on Application and Prior Knowledge Preclude Professional Liability Coverage for Behavioral Health Center
• Quiet Title Action Does Not Involve Covered “Loss”

July 2023

• Seventh Circuit Holds Settlement Arising From Alleged False Claim Act Violations Does Not Necessarily Constitute Uninsurable “Restitution” under Illinois Law
• Coverage Barred by Related Claim Made Prior to Policy Period and Prior Knowledge Exclusion
• Coverage Barred for Lawsuit Tendered to Insurer After Two-Year Delay
• Insurers’ Counterclaims Based on Interrelated Wrongful Acts and Pending and Prior Litigation Exclusions Survive Motion to Dismiss
• Insurer’s Allegation “Upon Information and Belief” That Insured Possessed Knowledge or Information Rendering a Warranty False Held Sufficient to Withstand Motion to Dismiss
• Utah Federal Court Holds That Malpractice Claim “Resulting From” Sanctions on Insured Law Firm Seeks “Damages”
• Insurer’s Motion to Dismiss Denied Where Complaint Plausibly Alleged Rescission of Policies Was Untimely Under Wisconsin Statute

June 2023

• Claims Arising from Undisclosed Circumstances Barred by Exclusion in Application
• No Coverage for “Related Claims” Derived From Single Transaction Where First Claim Was Not Timely Noticed to Insurer
• Insurer Entitled to Rescission Based on Insured’s Failure to Disclose Known Lawsuits
• Insurer With Excess “Other Insurance” Clause Owes No Defense Obligations
• Business Enterprise Exclusions Bars Outside Entity Conduct
• Washington Appeals Court Upholds Reasonableness of Stipulated Judgment
• Broker-Dealer Professional Liability Policy Not Implicated Where Registered Representative Was “Selling Away”
• Fact Issues Preclude Summary Judgment As To Whether Related Companies Constitute “Insureds” And Whether Claims Are Related
• Conduct Exclusions Inapplicable Absent Finding of Insured’s Dishonesty or Intent to Deceive

May 2023

• Fifth Circuit Affirms that Business Interruption Coverage Requires Direct Physical Loss; COVID-Related Losses Do Not Qualify
• Dishonesty Exclusion Bars Coverage For Claim Based On Actions Of Contractor Authorized To Conduct Operations On Behalf Of Insured
• No Coverage for Claims Made Outside of Claims-Made Policy Period
• No Coverage for Claim Involving New Defendants and Alleging New Wrongful Acts Where Claim Relates Back to Earlier Policy Period
• Insurer Can Rely on Prior Insurance Applications in Support of Rescission Claim Based on Omission in Current Policy’s Application
• Insurer Must Show Prejudice to Deny Coverage for Untimely Notice Under Claims-Made Policy
• Fraud Exclusion, California Insurance Code Section 533 Preclude Coverage for Arbitration Award
• Capacity Exclusion Does Not Bar Coverage for Claims for Misconduct Allegedly Motivated By Outside Capacity
• Duty to Defend Triggered for Judicial Sanctions on Attorney who Lied About COVID Vaccination Status

April 2023

• Exclusion for Claims “In Any Way Related To” Specific Entity Broadly Bars Coverage
• New York Statutory Remedy Limited to a Single Policy Period
• Ninth Circuit Holds That California Prohibition on Insuring Willful Conduct Does Not Require Final Adjudication in Underlying Action
• Eighth Circuit Affirms Medicare Reimbursement Claim Is Not “Based on Professional Services”
• Untimely Claims Preclude Attempt to Arbitrate Coverage Dispute
• Summary Judgment Denied Where Determinations of Fact Necessary to Apply Continuous Cover and Innocent Non-Disclosure Provisions
• Sexual Misconduct Sublimit Applies to Negligence Claims Against Employer Where Claims Would Not Exist “But For” Employee’s Sexual Misconduct

March 2023

• Delaware Law Applies to Coverage Dispute over Stockholder Appraisal Action
• Massachusetts High Court Rejects Insured’s Claim to Recovery Expenses Incurred to Prevent Business Interruption
• Employment Practices Exclusion of D&O Policy Bars Coverage for Employee Wrongful Death Lawsuit
• Notice of Circumstances Sent to Underwriter Does Not Constitute Notice of a Claim Under Claims-Made-and-Reported Policies
• Insurer Entitled to Recoup Defense Costs Absent Express Policy Provision
• Insured Bank’s Acceptance of Loan Payments Without Good Faith Constitutes Uninsurable Loss
• Notice-Prejudice Rule Does Not Apply to Claims-Made Professional Liability Policies
• Company’s Misrepresentations Warrant Policy Rescission Under Florida Law
• Insurer Entitled to Rescission for Insured’s Misrepresentations on Renewal Application
• “Notice of Cancellation” Meets California Requirements for Notice of Rescission
• Antitrust and Consumer Protection Laws Exclusions Bar Coverage for Underlying Litigation
• Policy Definition of “Claim” Applies to Policy Application

February 2023

• Seventh Circuit Affirms that “Inadequate Consideration” Provision Bars Coverage for Securities Fraud Settlements
• Settlement of Merger Objection Litigation is Not Covered “Loss”
• Federal Court Upholds Removal Based on Fraudulent Joinder of Non-Insurer Defendants
• No Coverage Under Claims-Made Policy for Lawsuit Served on Registered Agent Before Policy Period
• Second Circuit Affirms No Duty to Defend Claims Against Construction Firm Outside the Scope of Professional Liability Coverage
• Insurer Deemed to Waive Right to Rescind but Commingling Exclusion Bars Coverage for Claims Against “Innocent” Insureds
• Insured v. Insured Exclusion Applies to Lawsuit Spearheaded by Insured
• Prior or Pending Litigation Exclusions Bar Coverage for Contempt Motion Filed in Civil Action Commenced Before Prior or Pending Dates
• Coverage for Claims Against Seed Grower Not Barred by Prior Knowledge or Retroactive Date Provisions
• Transmitting Information to Credit Reporting Agencies Constitutes “Electronic Publishing”

January 2023

• Despite Acceptance of Coverage by Primary Insurer, Excess Policy Bars Coverage for Claim Deemed Related Back to Prior Policy Period
• Multiple Claims Against Insured Related to COVID-19 Outbreak Constitute Separate Claims
• Coverage Barred by Related Claim Made Prior to Policy Period
• University’s Late-Noticed Claim Not Covered Under Claims-Made-And-Reported Policy; Notoriety of Claim Not an Excuse
• Prior Knowledge Exclusion Bars Coverage Because Failure to Comply With Statute of Limitations Could Reasonably Be Expected to Be the Basis of a Claim