Wiley’s Insurance Group has argued cases in nearly every state and federal appellate circuit in the nation. We are equipped to litigate both swift declaratory judgment actions and discovery-intensive rescission and bad faith lawsuits. We have obtained seminal rulings on a full range of coverage issues. Representative recent matters include:
- Day Kimball Healthcare, Inc., et al. v. Allied World Surplus Lines Insurance Company, et al., 493 F. Supp.3d 20 (D. Conn. 2020), aff’d 857 Fed. App’x. 685 (2d Cir. 2021). Dismissal on the grounds that coverage was unavailable under the professional liability insuring agreement providing claims-made coverage where the underlying malpractice litigation was not a “Claim” first made during the policy period and the insured had failed during the policy period to provide notice of circumstances that could give rise to a “Claim,” and no other insuring agreement applied to the underlying malpractice litigation.
- UBS Fin. Serv. Inc. of Puerto Rico v. XL Specialty Ins. Co., 289 F. Supp. 3d 335 (D.P.R. 2018), aff’d, 929 F.3d 11 (1st Cir. 2019). Summary judgment that specific litigation exclusion barred coverage for civil lawsuits, regulatory investigations, and hundreds of FINRA arbitrations. Appellate affirmance rejecting policyholder’s attempts to avoid exclusion through claim-splitting.
- Onyx Pharmaceuticals, Inc. v. Old Republic Ins. Co., No. CIV 538248 (Cal. Super. Ct., San Mateo County). Victory after bench trial upholding application of bump-up exclusion to merger claim.
- First Horizon Nat’l Corp. v. Houston Cas. Co., No. 15‐cv‐2235, 2017 WL 2954716 (W.D. Tenn. June 23, 2017), aff’d, 742 Fed. App’x 905 (6th Cir. 2018). Summary judgment and appellate affirmance that insured’s notice of potential claim was insufficient to trigger coverage when an actual claim already had been made against the insured.
- Stewart Engineering v. Continental Cas. Co., No. 5:15-CV-377-D, 2018 WL 1403612 (E.D.N.C. Mar. 20, 2018), aff’d, 751 F. App’x 392 (4th Cir. 2018). Summary judgment and appellate affirmance that multiple bodily injury claims arose out of related wrongful acts subject to single per-claim limit.
- Travelers Indemnity Co. v. CNH Industrial America, LLC, 2018 WL 3434562 (Del. July 16, 2018). Appellate victory in the Delaware Supreme Court reversing $14 million judgment against insurer for CGL coverage for hundreds of asbestos claims.
- Cont’l Cas. Co. v. Marshall Granger & Co., LLP, 6 F. Supp. 3d 380 (S.D.N.Y. 2014), aff’d sub nom. Cont’l Cas. Co. v. Boughton, 695 F. App’x 596 (2d Cir. 2017). Jury verdict that insurer was entitled to rescind professional liability policy and appellate affirmance of same.
- Commercial Crime Insurance and Fidelity Bonds
- Cyber Insurance
- D&O and Financial Institution Liability
- E&O for Lawyers, Accountants and Other Professionals
- Employment Practices Liability
- General Liability
- Insurance & Bankruptcy
- Insurance Coverage Litigation
- Policy Drafting and Product Development
- Professional Liability Defense
- Property Coverage
- Public Entities and Educational Institutions
- Representations and Warranties (R&W) Insurance
- Section 111 Insurer Reporting and MSP Reimbursement
- Technology & Media E&O
Related News & Insights
- Blog PostLosses Reported by Property Insurer’s Customers Constitute “Claims” Under Insurer’s E&O PolicyWiley Executive SummaryJune 27, 2022Ysabelle G. Reyes
- Blog PostBodily Injury Exclusion in Real Estate Agents E&O Policy Bars Coverage for Car Accident ClaimWiley Executive SummaryJune 23, 2022Chiara Tondi Resta
- Blog PostFailure to Plead Compliance with Condition Precedent Held Fatal to Declaratory Judgment ActionWiley Executive SummaryApril 19, 2022Elizabeth Fisher
- Blog PostCoverage for Negligence Claim Against Law Firm Arising from Wire Fraud Barred by Professional Liability Policy’s “Theft Exclusion”Wiley Executive SummaryOctober 22, 2021Andrea V. Martinez