Specialty Lines Advisory


Lindsey Dean

Seventh Circuit Decides Another “Dam” Case: Lawsuit Filed Against Real Estate Broker By Former Clients Did Not Involve Broker’s Professional Services

In Madison Mutual Ins. Co. v. Diamond State Ins. Co., no. 15-3292, 2017 WL 1065557 (7th Cir. Mar. 21. 2017), the Seventh Circuit Court of Appeals determined that two separate lawsuits filed by the same plaintiffs against a real estate… Continue Reading →

No Coverage For Contempt Proceeding Under Lawyer’s Professional Liability Policy

By Lindsey Dean Although an award of sanctions against an attorney can be very costly to the attorney, the Eleventh Circuit’s recent opinion in Jones, Foster, Johnston & Stubbs, P.A. v. ProSight-Syndicate 1110 At Lloyd’s, no. 15-12399, 2017 WL 586450… Continue Reading →

Receiver’s Claims Against Former Officers Not Barred by Insured v. Insured Exclusion

Earlier this month, the 9th U.S. Circuit Court of Appeals held that an Insured v. Insured Exclusion barred coverage for claims brought by the FDIC as receiver for a failed financial institution. Last week, Judge William E. Smith in the… Continue Reading →

9th Circuit Holds Insured v. Insured Exclusion Bars Coverage for FDIC Receiver’s Failed Bank Claims

In a decision that follows on the heels of a wave of divergent opinions from courts across the country, the 9th U.S. Circuit Court of Appeals held that an Insured v. Insured Exclusion (I v. I Exclusion) in a directors… Continue Reading →

Fallout From Home Depot Breach Continues to Cause Concern for Corporate Officers

Republished from Tressler’s Privacy Risk Report blog. High profile data breaches are inevitably followed by a flurry of lawsuits, including derivative lawsuits filed by those companies’ shareholders. However, derivative suits have not found success and are frequently dismissed at the… Continue Reading →

Court Tackles D&O Coverage Issues in Football Concussion Suit

As NFL and NCAA football players continue to file lawsuits against their former teams, leagues and conferences for alleged head injuries, there is no question that those teams, leagues and conferences will continue to turn to their insurers for coverage… Continue Reading →

Health Provider Cannot Create Coverage for Medicare Fraud Under Management Liability Policy

In Mission City Cmnty. Network, Inc. v. The Hanover Ins. Co. case no. 16-cv-2409 (C.D. Cal. October 14, 2016), the U.S. District Court for the Central District of California held that Hanover Insurance Company (Hanover) properly denied coverage to a… Continue Reading →

No Indemnity Coverage for Facebook IPO Claims Under D&O Policy

A professional services exclusion in a D&O policy barred indemnity coverage for securities lawsuits arising out of NASDAQ’s system failures on the day of Facebook’s initial public offering according to a New York federal judge in Beazley Ins. Co. v…. Continue Reading →

Failure to Comply with Claim Reporting Requirements Scraps Insured’s Claim for Coverage

In The University of Pittsburgh v. Lexington Ins. Co., et al., the U.S. District Court for the Southern District of New York, interpreting Pennsylvania law, found that an insured’s failure to meet a policy’s potential claim reporting requirements barred coverage… Continue Reading →

Broad Professional Services Exclusion Does Not Preclude Coverage for Investor Lawsuits

A management liability policy’s professional services exclusion, encompassing a wide range of investment management services, did not preclude coverage for lawsuits brought by investors in failed investment firm. Carlyle Investment Mgt., LLC, et al. v. ACE American Insurance Company, et… Continue Reading →

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