LexisNexis® Legal Newsroom
Federal Judge Rules That Professional Liability Insurer Must Defend Insurance Broker Against Ponzi Scheme Lawsuits

The U.S. District Court for the Southern District of Texas recently ruled that a professional liability insurer must defend its insured, an insurance brokerage and consulting firm, against claims by victims of the alleged Stanford Financial ("Stanford") Ponzi scheme. Endurance American Specialty...

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – June 3, 2010

Additional Insureds James McHugh Constr. Co. v. Zurich Am. Ins. Co. 2010 Ill. App. LEXIS 318 [ lexis.com / lexisONE ] (Ill. Ct. of App., April 13, 2010) Employee Exclusion Applies to Additional Insured A general contractor sought additional insured coverage from its subcontractors' insurer...

Errors and Omissions Insurance – New Appleman on Insurance Law Library Edition, Chapter 25

By Paul S. White and Richard L. Neumeier Traditionally, professional liability insurance has been available to protect professionals such as lawyers, doctors, accountants, and architects against claims of “errors and omissions” in the rendering of professional services through the purchase...

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – September 27, 2010

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. Actions and Proceedings Bayle v. Allstate Insurance Co. 2010 U.S. App. LEXIS 16635 [ lexis.com / lexisONE ] (5th Cir.(La.), August 11...

Debriefing for the 24th Annual International PLUS Conference

By Carrie E. Cope, Shareholder, Schuyler Roche & Crisham, P.C. The colorful waterfront and temperate climate of San Diego, California was a welcome backdrop for the 24 th Annual International PLUS Conference which took place November 2-4. For those of you not familiar with the organization, the...

California Appellate Court Addresses Professional Liability Coverage Issues

Court Discusses Meaning of "Claim," Scope of Dishonest Acts Exclusion and Defense Duties Most professional liability policies contain an exclusion for dishonest acts. Many also include provisions giving the insurer a right, but not a duty, to defend against covered claims. A recent decision...

Nevada Supreme Court Rejects Use of Constructive Notice for Claims Made and Reported Policy

By Andrew B. Downs, Shareholder, Bullivant Houser Bailey PC Court enforces plain language of Professional Liability Policy issued to Dentist In a well-reasoned and lucid opinion, the Nevada Supreme Court held a professional liability insurer's knowledge that its policyholder dentist had become...

Ninth Circuit Affirms Rescission of Professional Liability Policy

In its recent decision in Tudor Ins. Co. v. Hellickson Real Estate , 2012 U.S. App. LEXIS 19904 (9 th Cir. Sept. 21, 2012), the United States Court of Appeals for the Ninth Circuit, applying Washington law, examined whether an insurer was entitled to rescission of a professional liability policy based...

South Carolina Court Holds No Coverage for Blast Fax Case Under E&O Policy

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in BCS Ins. Co. v. Big Thyme Enters ., 2013 U.S. Dist. LEXIS 20051 (D.S.C. Feb. 14, 2013), the United States District Court for the District of South Carolina had occasion to consider whether an alleged violation...

Missouri Federal Court Rejects Bad Faith Claim

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Hullverson v. Liberty Ins. Underwriters , 2013 U.S. Dist. LEXIS 101640 (E.D. Mo. July 22, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the Eastern...

New York’s Highest Court Vacates Its Decision in K2

In its February 18, 2014 decision in K2 Investment Group, LLP v. American Guarantee & Liability Ins. Co ., [ enhanced version available to lexis.com subscribers ], New York’s Court of Appeals – New York’s highest court – had occasion to revisit its prior ruling concerning...

New York Court Holds Claimants Had No Standing to Sue Professional Liability Insurer

In its recent decision in Commonwealth Land Title Ins Co. v. American Signature Services, Inc ., 2014 U.S. Dist. LEXIS 22172 (E.D.N.Y. Feb. 20, 2014), [ enhanced version available to lexis.com subscribers ], the United States District Court for the Eastern District of New York had occasion to consider...

D&O and Professional Liability 2013 - A Year In Review

Troutman Sanders is pleased to announce the release of 2013 | A Year In Review . This free annual publication by the Insurance Section highlights many of the key decisions delivered in 2013 by courts in nearly every jurisdiction of the country regarding a number of topics of significance to D&O and...

Southern District of California Holds that Professional Liability Carrier Breached Its Duty to Defend Because the Underlying Action Alleged Both Non-Covered Professional Services and Potentially Covered Professional Services

Isaacs v. Chartis Specialty Ins. Co. , 2014 U.S. Dist. LEXIS 44053 (S.D. Cal. Mar. 31, 2014), [ enhanced enhanced version available to lexis.com subscribers ]. In Isaacs , the district court held that the insurer breached its duty to defend an underlying action alleging that the insureds were negligent...