Demand for Refund Constitutes a Claim under Professional Liability Policy...
In Philadelphia Consolidated Holding Corp. v. LSI-Lowery Systems Inc., 2015 U.S. App. LEXIS 349 (8th Cir. Jan. 9, 2015), the Eighth Circuit affirmed the district court’s grant of summary judgment in...
View ArticleInsurers Have No Duty To Defend Chiropractor Against Failure To Warn of...
In Hanover American Insurance Co. v. Balfour, 2015 U.S. Dist. LEXIS 874 (10th Cir. Jan. 21, 2015), the U.S. Court of Appeals for the Tenth Circuit affirmed an Oklahoma federal district court’s rulings...
View ArticleTexas Federal District Court Holds Both Professional Liability Insurers on...
In Corinth Investors Holdings, LLC v. Evanston Insurance Co., 2015 U.S. Dist. LEXIS 36273 (E.D. Tex. Mar. 24, 2015), the U.S. District Court for the Eastern District of Texas held that two professional...
View ArticleNo Coverage for Financial Firm that Invested Clients’ Money in Ponzi Scheme
A securities firm sought coverage under a professional liability policy for claims by customers that suffered losses on real estate investment vehicles. The Panel for the Second Appellate District in...
View ArticleRescission Available to Insurer Whose Insured Lied in Insurance Application...
In Essex Insurance Company v. Galilee Medical Center S.C d/b/a MRI Lincoln Imaging Center, the insured, Galilee, represented to its insurer, Essex, that it did not offer any weight loss drugs to its...
View ArticleImpactful Wisconsin Supreme Court Decision Overturns “Unsound” Precedent
In Marks v. Houston Casualty Company, the Wisconsin Supreme Court reached a decision upholding the application of a business enterprise exclusion in a professional liability policy. Importantly, the...
View ArticlePresumed Innocent: But Rescission Still Available to Void Coverage Due to...
A court rescinded a Georgia attorney’s professional liability coverage after his partner stole more than a million dollars from clients and lied about it on their firm’s insurance application. A...
View ArticleEnough is Enough: Fifth Circuit Holds Duty to Defend Does Not Include Costs...
Aldous v. Darwin National Assurance Co., No. 16-10537 (5th Cir. Mar. 16, 2017), presents a thicket of coverage issues. However, the clearest and most significant one for the insurance industry is that...
View ArticleFrankly, My Dear, I Don’t Give a “Dam”: Seventh Circuit Holds Professional...
In Madison Mutual Insurance Co. v. Diamond State Insurance Co., No. 15-3292 (7th Cir. Mar. 21, 2017), the Seventh Circuit handed down a decision delineating the obligations between a professional...
View ArticleVicarious Liability and Additional Insured Coverage: Illinois Appellate Court...
The Appellate Court of Illinois recently considered whether an underlying complaint against an a general contractor (additional insured), filed by the estate of an independent...
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