Executive Summary

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Executive Summary

A monthly report on developments affecting professional liability insurers.

January 2020

In This Issue:

Lawsuit Arising Out of Three Design Errors is a Single “Claim,” and Prior Knowledge and Prior Notice Provisions Bar Coverage
Ill. Ruling Clarifies Wrongful Incarceration Insurance Triggers
No Coverage for Claim Made During Initial Policy Period but Reported During Renewal Policy Period
Concealment of Pending Lawsuits in Renewal Application Voids Policy
“May” and “Might” are Sufficiently Clear and Unambiguous to Support Rescission Claim
Obligation to Timely Report Claim Applies Even if Claim Appears to Have Been Abandoned
Exclusion for Violation of Consumer Protection Laws Does Not Bar Coverage for Alleged Violation of Landlord-Tenant Law
Insurer Must Advance Defense Costs as Incurred and Cannot Enforce Policy’s Defense Arrangement Consent Provision

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