Insurance Law

Recent Posts

Missouri Federal Court Rejects Bad Faith Claim
Posted on 31 Jul 2013 by Brian Margolies

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 ... Read More

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
Posted on 17 Jul 2014 by Troutman Sanders

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... Read More

New York’s Highest Court Vacates Its Decision in K2
Posted on 20 Mar 2014 by Brian Margolies

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... Read More

New York Court Holds Claimants Had No Standing to Sue Professional Liability Insurer
Posted on 15 Apr 2014 by Brian Margolies

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... Read More

D&O and Professional Liability 2013 - A Year In Review
Posted on 28 Apr 2014 by Troutman Sanders

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... Read More

South Carolina Court Holds No Coverage for Blast Fax Case Under E&O Policy
Posted on 11 Mar 2013 by Brian Margolies

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... Read More

Debriefing for the 24th Annual International PLUS Conference
Posted on 15 Nov 2011 by Carrie E. Cope

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... Read More

Ninth Circuit Affirms Rescission of Professional Liability Policy
Posted on 3 Oct 2012 by Brian Margolies

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... Read More

Nevada Supreme Court Rejects Use of Constructive Notice for Claims Made and Reported Policy
Posted on 20 Aug 2012 by Andrew B. Downs

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... Read More

CaseWatch: Insurance – Decisions from The Insurance and Reinsurance Report – September 27, 2010
Posted on 29 Oct 2010 by Daniel W. Gerber and Sarah J. Delaney

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... Read More

Errors and Omissions Insurance – New Appleman on Insurance Law Library Edition, Chapter 25
Posted on 19 Oct 2010 by Paul S. White and Richard L. Neumeier

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... Read More

California Appellate Court Addresses Professional Liability Coverage Issues
Posted on 9 Jun 2012 by Andrew B. Downs

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... Read More

Errors and Omissions Insurance – New Appleman on Insurance Law Library Edition, Chapter 25
Posted on 19 Oct 2010 by Paul S. White and Richard L. Neumeier

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... Read More

California Appellate Court Addresses Professional Liability Coverage Issues
Posted on 9 Jun 2012 by Andrew B. Downs

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... Read More

Ninth Circuit Affirms Rescission of Professional Liability Policy
Posted on 3 Oct 2012 by Brian Margolies

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... Read More