Ashley E. Eiler

Latest Articles

In a win for Wiley Rein’s client, a federal district court applying Connecticut law has held that an insurer has no duty to defend or indemnify an attorney in a lawsuit that arose out of a fee dispute and did not seek any covered relief.  Continental Cas. Co. v. Parnoff, 2018 WL 4356746 (D. Conn. Sept. 12, 2018).…
Applying California law, a federal district court has held that a disciplinary proceeding initiated by a state insurance department against an insured life insurance agent is unambiguously subject to a regulatory action sublimit of liability.  Cerf v. Cont’l Cas. Co., Case No. 17-cv-07993-DSF-SS (C.D. Cal. Mar. 13, 2018).  Wiley Rein represented the insurer in this case.…
Applying Arizona and New York law, an Arizona trial court has held that a claims-made-and-reported policy unambiguously does not apply where the insured failed to notify the insurer of a claim before the policy’s reporting deadline.  Southwest Energy Systems LLC v. Underwriters at Lloyd’s, London, Case No. 2017-015010 (Ariz. Super. Ct., Maricopa Cnty. Mar. 15, 2018).  Wiley Rein represented the insurer in this case.…
Applying California law, a federal district court has held that there is no coverage under a claims-made-and-reported policy for a legal malpractice suit that was filed two years after the expiration of the policy period and reported to the insurer two years later. Petersen v. Arch Ins. Co., 2015 WL 3968590 (C.D. Cal. June 30, 2015).…
Applying Virginia law, a federal district court has held that there is no coverage under an employment practices liability policy where the insured failed to provide notice of an employment discrimination charge for nearly two years, in violation of the policy’s notice condition.  E. Dillon & Co. v. Travelers Cas. & Sur. Co. of Am., 2015 WL 3657713 (W.D.Va. June 12, 2015). …
The New Jersey Supreme Court has held that a third-party claimant who steps into the insured’s shoes to establish a liability insurer’s duty to defend is entitled to its attorneys’ fees under New Jersey law, even if the claimant does not ultimately recover from the insured. Occhifinto v. Olivo Construction Co., Case No. A-77-13, 07-13, 0717 (N.J. May 7, 2015).…
New York’s intermediate appellate court has held that a business enterprise exclusion bars coverage for a legal malpractice claim that is based partly on the insured attorney’s law practice and partly on the attorney’s activities on behalf of a business enterprise he controlled. Lee & Amtzis, LLP v. Am. Guarantee & Liab. Ins. Co., 2015 WL 1526003 (N.Y. App. Div. Apr. 7, 2015).…
Applying Texas law, a federal district court has held that a professional liability insurer’s duty to defend an insured attorney against a former client’s claims does not encompass fees and costs incurred by the attorney in prosecuting an affirmative fee claim against the client.  Charla G. Aldous, P.C. v. Darwin Nat’l Assurance Co., 2015 WL 1037489 (N.D. Tex. Mar. 9, 2015). …