HNRK Coverage Corner
On May 29, 2024, Judge John T. Dorsey of the United States Bankruptcy Court for the District of Delaware issued a decision in Insys Liquidation Trust v. XL Specialty Ins. Co., Adv. Proc. No. 23-50484 (JTD), granting an excess D&O insurer’s motion for summary judgment under the policy’s Prior and Pending Litigation Exclusion. The wrinkle here is that the “prior litigation” was a qui tam complaint under the False Claims Act that had been filed under seal before the policy period but was never served. Although the insured did not know—and could not have known—about the lawsuit ...
On March 21, 2024, the Fifth Circuit issued a decision in SXSW, L.L.C. v. Federal Ins. Co., Case No. 22-50933, holding that a liability policy’s contract and professional services exclusions did not bar defense coverage for a class action lawsuit on behalf of ticket holders seeking refunds for a festival canceled in the early months of the Covid-19 pandemic.
In the class action, SXSW, which hosts a yearly festival in Austin, Texas, faced ticket holder claims for breach of contract, as well as unjust enrichment and conversion, arising from its refusal to give refunds (as opposed to ...
On February 6, 2023, Justice Louis L. Nock of the New York County Supreme Court issued a decision in Wesco Ins. Co. v. Nunez Dental Servs., P.C., 2023 NY Slip Op 30373(U), holding that a criminal acts exclusion barred coverage for a lawsuit alleging violations of the rights of privacy and publicity under the N.Y. Civil Rights Law, despite the fact that the insured was never convicted, or even charged with, a crime.
The underlying lawsuit alleged that the insured, Nunez Dental, misappropriated the image of the plaintiff’s image to advertise Nunez’s dental services. Among other ...
On April 22, 2022, the New York Appellate Division, First Department issued a decision in Madison Square Boys & Girls Club, Inc. v. Atlantic Specialty Ins. Co., 2022 NY Slip Op 02625, holding that a sexual abuse exclusion applied to claims for negligent supervision.
This coverage action arose out of a lawsuit by former members of the Madison Square Boys and Girls Club, who alleged that they were sexually abused as children by a former volunteer and former coach for the organization. Madison Square sought coverage under a claims-made liability policy for the lawsuit, which asserted ...
On April 9, 2021, the Second Circuit issued a decision in Fabrique Innovations, Inc. v. Federal Insurance Company, 20-1396-cv, holding that a policy’s “willful acts” exclusions were not triggered by a “simple breach of contract.” (N.B. HRNK insurance recovery partner Joshua Blosveren successfully represented the Appellee in this appeal.) The insured (“Fabrique”) made a claim under a cargo insurance policy that covered damage to fabric and plush merchandise temporarily in storage at specified locations. The goods at issue were lost “after Hancock Fabrics ...
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Recent Posts
- Manhattan Appellate Court Rules That D&O Policy’s Prior Acts Exclusion Does Not Warrant Complete Denial of Coverage Unless All Causes of Action Arise Out of Excluded Acts
- Second Circuit Rules that CGL Insurer Must Provide Defense Coverage for PFAS-Related Environmental Claim
- Delaware Supreme Court Holds That D&O Policy’s “Bump-Up” Provision Does Not Exclude Coverage for $28 Million Post-Merger Securities Settlement
- Federal District Court in Washington State Rules That Insurer Acted in Bad Faith By Denying Defense Coverage Based On “Arguable” Interpretation of the Policy
- Ninth Circuit Rules Insurer Acted in Bad Faith by Denying Insured a Defense Where “A Conceivable Basis for Coverage Existed”
- Experts Are Bracing for a “Brutal” Wildfire Season—Now is the Time for Utility Companies and Other Business with Exposure to Wildfire Liabilities to Stress-Test Their Insurance Programs
- Canons of Construction: Divided Panel of the Second Circuit Holds General Contractor Entitled to Additional Insured Coverage Under Subcontractor’s CGL Policy
- Washington Federal Court Addresses Reformation of CGL Policy, and Late Notice and Prior Acts Exclusions under D&O Policy
- Delaware Court Rules DOJ’s Civil Investigative Demand Constitutes a Covered Claim
- Seventh Circuit Clarifies Excess Insurer Duties and Additional Insurer Analysis Under Indiana Law
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