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D&O Insurance: Bank Directors’ Notice of FDIC Failed Bank Suit Held Timely
On February 5, 2013, in a detailed opinion exploring the nuances of a D&O policy’s extended reporting period provisions, Western District of North Carolina Judge Henry Herlong Jr. determined that...
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D&O Insurance: Notice to Claims Department Required to Satisfy Notice...
Disputes over notice of claim requirements usually involve questions about the timing or content of the notice. A recent notice dispute involving UnitedHealth Group raised neither questions of timing...
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D&O Insurance: Untimely Notice Precludes Coverage
In a May 16, 2013 decision (here), Eastern District of Missouri Magistrate Judge Terry Adelman, applying Missouri law, determined that the failure of an insured under a management liability insurance...
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Professional Liability Insurance: Problems with Pure Claims Made and Reported...
The difficulty with pure “claims made and reported” insurance coverage was put into sharp relief in a recent decision out of the South Carolina federal court. The question before the court was whether...
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D&O Insurance: New York Appellate Court Refuses Dismissal for Insurer that...
A New York appellate court, applying New York law, has rejected a D&O insurer’s argument based on alleged late notice of claim that it had no coverage obligations for amounts Sirius XM Radio had...
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Insurance Coverage: Six-Month Delay in Providing Notice Not “As Soon as...
Has notice of claim been provided “as soon as practicable” if it is sent to the insurer during the policy period but six months after service on the insured of the underlying complaint? Apparently not,...
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Despite Policyholder’s Delayed Notice, Insurer Must Cover Subsequent Claims...
On July 16, 2014, the Eighth Circuit, applying New York law, concluded that because a financial services firm’s professional liability insurance policy was ambiguous on the question whether the...
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Guest Post: Give Notice on Your D&O Claim…Yesterday
A frequently recurring management liability insurance coverage issue involves the question of whether or not the policyholder has given timely notice as required under the policy, as I have discussed...
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Guest Post: Notice-Prejudice Requirements in D&O Policies: Diverse Trends in...
Joseph P. Monteleone Among the perennial coverage issues arising under D&O and E&O policies are questions involving timely notice of claim. Recently, the notice provisions many professional...
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D&O Insurance: Meditations on Late Notice
One of the frequently recurring D&O insurance coverage issues is the question of whether or not the policyholder provided its insurer with timely notice of claim as required under the policy. This...
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N.J. Sup. Ct.: Notice Prejudice Rule Does Not Apply to “Sophisticated”...
As anyone involved in D&O insurance knows, policyholders’ late provision of notice of claim is a recurring problem. All too often, delays in providing notice result in a preclusion of coverage, an...
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D&O Insurance: Late Notice and Excess Coverage
Everyone involved with D&O insurance knows that it is important to keep up with case law developments, in order to appreciate how courts are interpreting and applying various policy terms and...
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The Need for Law Firms to Advise Their Clients About Potentially Available...
A recurring theme on this blog is the problem that the late provision of notice creates for policyholders. Insurers frequently will seek to deny coverage when the policyholder does not provide timely...
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D&O Insurance: What is a Claim and When Does Late Notice Defeat Coverage?
Among the key parts of a claims-made insurance policy are its definition of the term “claim” and its provisions specifying the policyholder’s notice of claim obligations. A recent Delaware Superior...
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D&O Insurance: Over Two-Year Notice Delay Does Not Bar Coverage Where Delay...
As anyone involved in the liability insurance claims knows, late notice of claim is a recurring problem. When policyholders’ notice of claim is late, liability insurers will often contend that the late...
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Late Notice and Claims Made Date Issues
A recurring circumstance fraught with peril for policyholders is one in which the policyholder receives a demand letter in one policy period and then receives a related lawsuit in a subsequent policy...
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Late Notice Defense Rejected Where Insurer’s Response Undercuts Prejudice Claim
A recurring professional liability insurance coverage issue is whether or not the notice prejudice rule applies to claims made policies. In a recent decision, District of Colorado Judge Richard P....
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Eighth Circuit: Notice Provided During the Policy Period But After Seven...
If an insured give notice of claim to its insurer during the policy period but seven months after a lawsuit is filed, has it provided notice “as soon as practicable” as required under the policy? Not...
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Purported Notice of Potential Claim Held Insufficient to Provide Notice of...
In an interesting June 23, 2017 opinion in a case raising a host of claims made date, notice of potential claims, and notice of claims issues, Western District of Tennessee Judge Sheryl Lipman,...
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Insurance Coverage for Subpoena Response Costs
One of the perennial D&O insurance coverage questions is the issue of whether or not the D&O policy provides coverage for costs incurred in responding to a subpoena, as I have discussed in...
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