Thomas Benjamin Boley | Wiley Rein The United States District Court for the Northern District of Illinois, applying Illinois law, has granted a legal professional liability insurer’s motion for summary judgment, holding that its claims-made policy did not apply to various claims that were first made either before or after the policy period. Twin City Fire… Continue reading No Coverage For Claims Made Outside Of Claims-Made Policy Period
Tag: Claims-Made Insurance Coverage
Washington Supreme Court Holds Certain Hybrid Occurrence/Claims-Made and Reported Policies May Violate Public Policy
Campbell Stuart | Cozen O’Connor “We cannot enforce insurance provisions that render coverage so narrow it is illusory.”[1] The Washington Supreme Court used this reasoning to hold that a contractor’s commercial general liability policy was unenforceable where it required that an “occurrence” occur and a claim be made and reported to the insurer in the… Continue reading Washington Supreme Court Holds Certain Hybrid Occurrence/Claims-Made and Reported Policies May Violate Public Policy
Insurer Must Show Prejudice to Deny Coverage for Untimely Notice Under Claims-Made Policy
Mallory Meaney | Wiley Rein The United States District Court for the Central District of California, applying California law, has held that an insurer must show prejudice to deny coverage for untimely notice under a claims-made policy. Triyar Hosp. Mgmt. LLC v. QBE Specialty Ins. Co., 2023 WL 2372049 (C.D. Cal Jan. 17, 2023). The court… Continue reading Insurer Must Show Prejudice to Deny Coverage for Untimely Notice Under Claims-Made Policy
No Coverage Under Claims-Made Policy for Lawsuit Served on Registered Agent Before Policy Period
Joseph Gross | Wiley Rein In a win for Wiley’s client, the United States District Court for the Southern District of Florida, applying Florida and District of Columbia law, has found that a claims-made professional liability policy does not afford coverage for a lawsuit served on the insured’s registered agent prior to the policy period,… Continue reading No Coverage Under Claims-Made Policy for Lawsuit Served on Registered Agent Before Policy Period
Eleventh Circuit Finds Claims-Made Policy’s “Correlating Claims” Provision Substantially Similar to “Related Claims” Provisions
Roben West | PropertyCasualtyFocus In Datamaxx Applied Technologies Inc. v. Brown & Brown Inc., the Eleventh Circuit Court of Appeals affirmed the district court’s grant of summary judgment to the insurer, finding no merit in the insured’s argument that the analysis for construing a “correlating claims” provision differed substantially from the analysis in construing a “related… Continue reading Eleventh Circuit Finds Claims-Made Policy’s “Correlating Claims” Provision Substantially Similar to “Related Claims” Provisions