Specialty Lines Advisory

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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 →

Understanding Issues Related to “Standing” in Data Breach Litigation Provides Insight to Insurers

Republished from Tressler’s Privacy Risk Report blog. Whether a litigant has “standing” to bring a lawsuit has been a threshold question in data breach cases for a number of years. The basic criteria addressing this is found in Article III… 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 →

Shareholders’ Derivative Suit Misses Target, Still Offers Warning to Directors & Officers

Republished from Tressler’s Privacy Risk Report blog. On July 7, 2016, Judge Paul Magnuson of the United States District Court for the District of Minnesota granted several motions to dismiss by Target directors and officers seeking dismissal of derivative suits… Continue Reading →

Don’t Exclude the Exclusions: Wisconsin Supreme Court Clarifies Duty to Defend Analysis Under Professional Liability Policy

Holiday barbecues got off to a roaring start for insurers and insureds when the Wisconsin Supreme Court affirmed summary judgment for the insurers and delivered some much-needed clarification concerning the duty to defend in David M. Marks v. Houston Casualty Company… Continue Reading →

Tressler LLP Launches the Specialty Lines Advisory Blog

Tressler LLP is pleased to announce the launch of the firm’s latest blog, Specialty Lines Advisory. To keep up with the changing digital landscape, Specialty Lines Advisory will replace the firm’s traditional e-newsletter of the same name. The blog will… 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 →

Claims-Made Policy’s Late Notice Provision Inapplicable Despite Insured’s Failure to Provide Notice of Lawsuit for More Than Two Years

Despite more than two years elapsing before an insurer first received notice of a lawsuit, the insurer failed to present sufficient evidence under Maryland law to demonstrate a causal link between the late notice and the prejudice it claimed it… Continue Reading →

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