LexisNexis® Legal Newsroom
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...

Government Investigations Can Constitute Covered “Claims”—and Require Notice—Under Liability Insurance Policies

By Michael T. Sharkey This commentary examines recent court decisions around the country that have held that subpoenas and other forms of government investigations are “claims” triggering coverage under various types of liability insurance policies. Decisions upholding the broad definition...

Court Holds that the Insured’s Per-Claim Self-Insured Retention Applies on a Per-Home Basis Based on Language in Policy’s SIR Endorsement

Evanston Ins. Co. v. N. Am. Capacity Ins. Co. , 2014 U.S. Dist. LEXIS 92682 (E.D. Cal. July 8, 2014, [ enhanced version available to lexis.com subscribers ]) In Evanston , the Eastern District of California held that the insurer’s duty to defend under two consecutively issued CGL policies was...

insurance adjuster

There’s Been No “Tender” – Does Insurer Still Need To Respond?

We’ve all seen this issue. You are handling a claim for a certain insured, and in the course of doing so, you obtain information that another involved person or entity is also an insured and may have rights under the policy. But here’s the rub – this other person or entity has never...

New Jersey Court Holds Demand Letter Is A Claim

In its recent decision in Innes v. St. Paul Fire & Marine Ins. Co ., 2015 U.S. Dist. LEXIS 121753, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], (D.N.J. Sept. 11, 2015), the United States District Court for the District of New Jersey had occasion to consider...

Sealed, Unserved Complaint Not Considered a Claim First Made During the Policy Period

In Braden P’ship, LP v. Twin City Fire Ins. Co. , the Northern District of California found that, under a general partners liability policy, a sealed and unserved complaint was not “first-made” against insured partner during the policy period, as the policy provided that a claim is...

Claimant’s Assignee Unable to Pursue Breach of Contract Claim against Carrier Because the Claimant Did Not Assert His Claim during the Policy Period

In Petersen Arch Ins. Co. , the Central District of California granted the carrier’s motion to dismiss and held that the claimant’s assignee could not pursue a breach of contract claim against the carrier because the claimant did not make a claim against the insured attorney during the policy...