LexisNexis® Legal Newsroom
Insurance 101-Insights for Young Lawyers: When, What and Why?: Notifying Insurer of a "Claim" or a Potential Claim under an EPLI Policy

By Erica Dominitz and Amy Woodworth, Attorneys at Law In their article appearing in the May/June 2011 issue of Coverage , "When, What and Why: Notifying Insurer of a 'Claim' or a Potential Claim under an EPLI Policy," Erica J. Dominitz and Amy J. Woodworth explain the importance...

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...

Directors and Officers Insurance: Separate Claims Deemed a Single Claim--What Are the Implications?

By Kevin M. LaCroix, Esq., Executive Vice President, OakBridge Insurance Services As I have previously noted (refer for example here ), one of the most vexing issues in the D&O claims arena is the questions of whether or not two claims are or are not interrelated. If the two are interrelated,...

10th Circuit Certifies Late Notice and Reporting Questions to Colorado Supreme Court

In its recent decision in Craft v. Philadelphia Indem. Ins. Co ., 2014 U.S. App. LEXIS 2680 (Feb. 11, 2014), [ enhanced version available to lexis.com subscribers ], the United States Court of Appeals for the Tenth Circuit, applying Colorado law, had occasion to consider whether Colorado’s notice...

Noticeable Confusion - "Claims Made" Policies, Late Notice, And When Your Insurer Must Prove Prejudice To Avoid Coverage

By John E. Heintz, John A. Gibbons, and Omid Safa An adverse claim is an unwelcome surprise to any business, particularly those unaccustomed to being sued. A lawsuit is unsettling and brings with it a litany of pressing litigation concerns, which compound the already significant day-to-day burdens...

Maryland Court Holds Prejudice Rule Applies to Claims Made and Reported Policy

In its recent decision in Navigators Specialty Ins. Co. v. Med. Benefits Administrators of Maryland , 2014 U.S. Dist. LEXIS 22631 [ enhanced version available to lexis.com subscribers ], the United States District Court for the District of Maryland had occasion to consider whether Maryland Code §...

Insurer Required to Show Prejudice Because the Reporting Requirement in the Policy Conditions Did Not Transform the Claims-Made Policy Into a Claims-Made-and-Reported Policy

NewLife Scis. LLC v. Landmark Am. Ins. Co. , 2014 U.S. Dist. LEXIS 21469 (N.D. Cal. Feb. 18, 2014), [ enhanced version available to lexis.com subscribers ]. In NewLife Sciences , the district court held that the notice-prejudice rule was applicable to a policy that had a condition requiring claims...