Claims Made Policies: The Problem of Pre-Policy Period Dispute Communications
Most professional liability insurance policies are written on a claims-made basis – that is, they cover only claims first made during the applicable policy period. A recurring issue under these kinds...
View ArticleTenth Circuit: Later Lawsuit Interrelated with Earlier SEC Investigation
As I have noted in earlier posts, questions of whether or not two sets of circumstances are interrelated for purposes of determining insurance coverage can be vexing; at a minimum, they are always...
View ArticleD&O Insurance: Problems with the Prior Notice Exclusion
Let’s say your client has been served with a new D&O lawsuit. Based on what you know about the events that led up to the lawsuit, you are genuinely unsure whether the claim was first made earlier,...
View ArticleNo Coverage for Claim First Made Prior to the Policy Period of a Claims Made...
In a recent decision in an insurance coverage dispute, a federal court applying Puerto Rico law concluded that there was no coverage under a management liability insurance policy for a discrimination...
View ArticleD&O Insurance: Subsequent Claim Interrelated With Prior Lawsuit Not Covered...
In a December 30, 2015 unpublished per curiam opinion, the Fourth Circuit affirmed the district court’s holding that a 2010 lawsuit filed to enforce a judgment was interrelated with the 2006 lawsuit in...
View ArticleD&O Insurance: Regulator’s Previous Threat to File Action Triggers Prior...
Many D&O insurance policies contain specific prior litigation exclusions precluding coverage for claims made during the policy year related to proceedings commenced prior to the policy inception. A...
View ArticleD&O Insurance: Prior and Pending Litigation Provisions Do Not Undercut...
In a June 6, 2016 opinion (here), Middle District of Florida Judge Sheri Polster Chappell, applying Florida law, held that subsequent claims filed in 2011 and 2012 were interrelated with claims first...
View ArticleLate Notice and Claims Made Date Issues
A recurring circumstance fraught with peril for policyholders is one in which the policyholder receives a demand letter in one policy period and then receives a related lawsuit in a subsequent policy...
View ArticlePurported Notice of Potential Claim Held Insufficient to Provide Notice of...
In an interesting June 23, 2017 opinion in a case raising a host of claims made date, notice of potential claims, and notice of claims issues, Western District of Tennessee Judge Sheryl Lipman,...
View ArticleOpt-Out Action Held Interrelated with Underlying Securities Class Action Suit
In a June 23, 2021 opinion (here), a Delaware Superior Court Judge held that a subsequent opt-out action is interrelated with the prior securities class action lawsuit; that the opt-out action claim is...
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