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