Chiara Tondi Resta

Firm/Organization: Wiley Rein LLP

Latest Articles

Outside Business Exclusion Bars Coverage for Claims Indirectly Related to Outside Business

November 18, 2019

In a win for the insurer, the United States Court Appeals for the Third Circuit, applying Pennsylvania law, affirmed the district court’s holding that an outside business exclusion barred coverage for counts against an insured law firm indirectly based on the insured’s conduct with an outside business. Westport Ins. Corp. v. Hippo Fleming & Pertile Law Offices, 2019 WL 5855792 (3d Cir. Nov. 8, 2019). The action alleged that the insured law firm and a…

Wiley Executive Summary

Assault and Battery Exclusion Bars Coverage for Negligence Action Arising from Stabbing at Concert

By Chiara Tondi Resta

October 7, 2019

In a win for Wiley Rein’s client, the United States District Court for the Eastern District of California applied an assault and battery exclusion to bar coverage for a negligence action arising from a stabbing that occurred at a concert promoted by the insured. Certain Underwriters at Lloyd’s of London Subscribing to Policy No. EH7713140 v WorldOne Presents, LLC, 2019 WL 4747708 (E.D. Cal. Sept. 30, 2019).…

Wiley Executive Summary

Breakaway Church Not an “Insured” Under Original Church’s D&O Policy

By Chiara Tondi Resta

August 21, 2019

A federal district court in Massachusetts has held that an insurer properly denied coverage for a claim against an insured church brought by another church that had broken away from the original entity because the breakaway church was not an “insured” under the original church’s policy. Newton Covenant Church, et al. v. Great Am. Ins. Co., 2019 WL 3464705 (D. Mass. Jul. 31, 2019).…

Wiley Executive Summary

No Coverage Because of Late Notice and Undisclosed Prior Knowledge of Claim

By Chiara Tondi Resta

July 18, 2019

Applying California law, the United States Court of Appeals for the Sixth Circuit has held that an insurer properly denied coverage under consecutive claims-made-and-reported policies based on the insured’s failure to provide timely notice of a claim and the insured’s failure to disclose the pending claim in its application for coverage. US HF Cellular Commc’ns., LLC v. Scottsdale Ins. Co., 2019 WL 2323802 (6th Cir. May 31, 2019).…

Wiley Executive Summary

Maine District Court Holds Insurer Has No Duty to Defend SEC Enforcement Action Because Disgorgement Constitutes a Penalty

By Chiara Tondi Resta

May 14, 2019

In a case in which Wiley Rein represented the insurer, a federal district court in Maine has held that an insurer had no duty to defend an enforcement action brought by the Securities and Exchange Commission (SEC) under a lawyers’ professional liability policy because none of the relief sought constituted “damages” as defined in the policy. Marcus v. Allied World Ins. Co., No. 2:18-cv-253-DBH, 2019 WL 1810954, (D. Me. Apr. 23, 2019). The court…

Wiley Executive Summary

Ninth Circuit Holds Section 533 and Financial Services Exclusion Do Not Bar Coverage for Alleged Mortgage Modification Scam

By Chiara Tondi Resta

March 8, 2019

The Ninth Circuit, applying California law, has held that an insurer improperly failed to defend its insured in connection with a lawsuit alleging that the insured engaged in an ongoing mortgage modification fraud scheme, because one count in the lawsuit did not require willful conduct and therefore was not necessarily uninsurable under California Insurance Code § 533. First One Lending Corp. v. Hartford Casualty Ins. Co., 2017 WL 1018305 (9th Cir. Mar. 5, 2019).…

Wiley Executive Summary

“Professional Services” Exclusion Bars Coverage for Law Enforcement Investigations

By Chiara Tondi Resta

November 26, 2018

A Nebraska state court has held that the “professional services” exclusion in the insured municipality’s CGL policy barred coverage for the wrongful conviction and civil rights actions brought against the municipality because its deputy sheriffs and psychologist performed “professional services” when they investigated the underlying crime. Gage County, Neb. v. Employers Mut. Cas. Co., No. CI 17-1822, (Neb. Dist. Ct., Lancaster County, Nov. 1, 2018).…

Chiara Tondi Resta

Outside Business Exclusion Bars Coverage for Claims Indirectly Related to Outside Business

Assault and Battery Exclusion Bars Coverage for Negligence Action Arising from Stabbing at Concert

Breakaway Church Not an “Insured” Under Original Church’s D&O Policy

No Coverage Because of Late Notice and Undisclosed Prior Knowledge of Claim

Maine District Court Holds Insurer Has No Duty to Defend SEC Enforcement Action Because Disgorgement Constitutes a Penalty

Ninth Circuit Holds Section 533 and Financial Services Exclusion Do Not Bar Coverage for Alleged Mortgage Modification Scam

“Professional Services” Exclusion Bars Coverage for Law Enforcement Investigations

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