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claim

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 →

Insured Failed to Provide Timely Notice Under Claims Made Policy

Judge Jesus G. Bernal found notice provisions in claims made policies were unambiguous and enforceable as a condition precedent to coverage. The Citrus Course Homeowners Ass’n v. Great Am. Ins. Co., No. 5:15-cv-02443-JGB (C.D. Cal. Jan. 7, 2016). Great American… Continue Reading →

Lawsuits, Filed Four Years Apart, Alleging Different Theories, Deemed Interrelated

Two lawsuits, filed four years apart and involving different theories of liability, involved Interrelated Wrongful Acts and constituted a single Claim first made outside the policy period. W.C. & A.N. Miller Dev. Co. v. Continental Casualty Company, No. 14-2327 (4th… Continue Reading →

DOJ Investigation Does Not Fall Squarely Within a Regulatory Claims Coverage Sublimit, So the Sublimit Does Not Apply

Coverage for a Department of Justice (DOJ) investigation was not subject to a D&O policy’s regulatory claims coverage sublimit, and the insurer could not show that the DOJ investigation was sufficiently related to prior claims to bar coverage. Millennium Laboratories,… Continue Reading →

No Coverage for Violations of the TCPA or Consumer Fraud Act Under Cyber Claims Endorsement

Violations of the Telephone Consumer Protection Act (TCPA) and the Consumer Fraud Act do not constitute a Privacy Wrongful Act under a medical professional liability policy. Thus, the cyber claims endorsement of the policy did not provide coverage for unsolicited… Continue Reading →

No Coverage for Claim Discovered by the Insured Prior to the Policy Period

A spreadsheet detailing asserted monetary damages constituted a claim first made against the insured company prior to the policy period, and thus the company was not entitled to coverage under its claims-made policy. Ritrama, Inc. v. HDI-Gerling American Ins. Co.,… Continue Reading →

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