Edward R. Brown

Firm/Organization: Wiley Rein LLP

Latest Articles

Insured-Versus-Insured Exclusion Does Not Bar Coverage for Derivative Claim Arising from Alleged Employment-Related Misconduct

By Edward R. Brown on October 10, 2019

A Texas intermediate appellate court, applying Texas law, has held that an insured-versus-insured (IvI) exclusion did not bar coverage for an arbitration award because the underlying dispute arose from alleged wrongful employment practices, bringing the claim within an exception to the exclusion. Prophet Equity LP v. Twin City Fire Ins. Co., 2019 WL 3886651 (Tex. App. Aug. 19, 2019). The court also determined that the insurer had not met its burden of proving that any…

Executive Summary Blog

Invasion of Privacy Exclusion Bars Coverage for Consent Judgment in TCPA Claim

By Edward R. Brown on June 7, 2019

A Florida federal district court has ruled that an invasion of privacy exclusion barred coverage for a lawsuit and consent judgment involving alleged violations of the Telephone Consumer Protection Act (TCPA). See Horn v. Liberty Ins. Underwriters, Inc., No. 9:18-cv-80762 (S.D. Fla. May 30, 2019).…

Executive Summary Blog

Application Did Not Require Insureds To Disclose Pre-Policy Claim When No Wrongful Acts Asserted

By Edward R. Brown on May 8, 2019

The Ninth Circuit Court of Appeals, applying California law, has ruled that a policy application did not require insureds to disclose a claim that did not assert any “wrongful acts.” Kelly v. Starr Indem. & Liab. Co., 2019 WL 1895825 (9th Cir. Apr. 29, 2019).…

Executive Summary Blog

Claims Based on Similar Wrongdoing Deemed “Related” Despite Geographic Differences of Class Composition

By Edward R. Brown on March 27, 2019

A Utah federal district court has held that claims based on similar acts of wrongdoing were barred by a prior notice exclusion despite geographic differences among the putative class definitions. Starr Indem. & Liab. Co. v. Monavie, Inc., 2019 WL 1227930 (D. Utah Mar. 5, 2019). The court also ruled that the insurer was entitled to recoup defense costs incurred in connection with the non-covered claims.…

Executive Summary Blog

Third-Party Complaint Seeking Indemnity from IT Company for Underlying Medical Malpractice Suit Barred by Medical Services and Bodily Injury Exclusions

By Edward R. Brown on January 17, 2019

An Alabama federal district court has ruled that a third-party claim seeking indemnification for a medical malpractice suit, allegedly resulting from the insured’s allegedly faulty performance of technology services, was barred from coverage by “medical services” and bodily injury exclusions. Jackson, Key & Assocs., LLC v. Beazley Ins. Co., Inc., 2018 WL 6710041 (S.D. Ala. Nov. 30, 2018) (report and recommendation adopted on December 20, 2018).…

Executive Summary Blog

No Personal Injury Coverage for Payment Card Breach Because Damages Resulted from Hacker’s Criminal Conduct, Not Insured’s Data Security Practices

By Edward R. Brown on October 8, 2018

A Florida federal district court has ruled that a claim asserting that an insured’s negligent data security practices led to a payment card breach did not trigger personal injury coverage under a CGL policy. See St. Paul Fire & Marine Ins. Co. v. Rosen Millennium, Inc., No. 6:17-cv-540-Orl-41GJK (M.D. Fla. Sept. 28, 2018). The court reasoned that because the hacker’s conduct, not the insured’s omissions, led to the breach, the insured did not make…

Executive Summary Blog

Court Finds Insurer Entitled to Recoupment, Declines to Follow ALI Restatement on the Law of Liability Insurance

By Edward R. Brown on August 30, 2018

A Delaware trial court, applying Tennessee law, has ruled that an insurer was entitled to recover defense costs it advanced under a reservation of rights for a non-covered claim. Catlin Specialty Ins. Co. v. CBL & Assocs. Props., 2018 WL 3805868 (Del. Super. Ct. Aug. 9, 2018). In so doing, the court cited the American Law Institute Restatement on the Law of Liability Insurance (Restatement), but it ultimately refused to follow the Restatement, concluding…

Executive Summary Blog

Court Rules that “Direct Means Direct” in Crime Policy, Rejecting Proximate Cause Analysis

By Edward R. Brown on August 7, 2018

A Nevada federal district court has applied the “direct means direct” rule to conclude that losses an insured suffered from payment card chargebacks when certain employees made fraudulent charges on customers’ payment cards were only the “indirect” result of employee theft, and therefore not covered under the insured’s commercial crime policy. CP Food & Beverage, Inc. v. U.S. Fire Ins. Co., No. 1:16-cv-02421-APG-GWF (D. Nev. Aug. 6, 2018).…

Executive Summary Blog

Specific Litigation Exclusion Bars Coverage for Separate Proceeding Involving Same Conduct in Allegedly Oversupplying “Pill Mills”

By Edward R. Brown on August 7, 2018

An Ohio federal district court has held that a specific litigation exclusion concerning a lawsuit brought by a state attorney general alleging that the insured oversupplied “pill mills” barred coverage for a show cause order the insured later received from a federal law enforcement agency concerning some of the same alleged misconduct. Miami-Luken, Inc. v. Navigators Ins. Co., 2018 WL 3424448 (S.D. Ohio July 11, 2018).…

Executive Summary Blog

Contract Exclusion Does Not Bar Defense Obligation for Alleged Payment Card Breach

By Edward R. Brown on July 3, 2018

The United States Court of Appeals for the Fifth Circuit, applying Texas law, has reversed an order granting an insurer judgment on the pleadings, holding that a breach of contract exclusion did not bar coverage for a demand received by an insured retailer from its credit card processor for indemnification and other relief arising from a payment card breach. Spec’s Family Partners, Ltd. v. Hanover Ins. Co., 2018 WL 3120794 (5th Cir. June…

Edward R. Brown

Insured-Versus-Insured Exclusion Does Not Bar Coverage for Derivative Claim Arising from Alleged Employment-Related Misconduct

Invasion of Privacy Exclusion Bars Coverage for Consent Judgment in TCPA Claim

Application Did Not Require Insureds To Disclose Pre-Policy Claim When No Wrongful Acts Asserted

Claims Based on Similar Wrongdoing Deemed “Related” Despite Geographic Differences of Class Composition

Third-Party Complaint Seeking Indemnity from IT Company for Underlying Medical Malpractice Suit Barred by Medical Services and Bodily Injury Exclusions

No Personal Injury Coverage for Payment Card Breach Because Damages Resulted from Hacker’s Criminal Conduct, Not Insured’s Data Security Practices

Court Finds Insurer Entitled to Recoupment, Declines to Follow ALI Restatement on the Law of Liability Insurance

Court Rules that “Direct Means Direct” in Crime Policy, Rejecting Proximate Cause Analysis

Specific Litigation Exclusion Bars Coverage for Separate Proceeding Involving Same Conduct in Allegedly Oversupplying “Pill Mills”

Contract Exclusion Does Not Bar Defense Obligation for Alleged Payment Card Breach

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