Executive Summary

Firm/Organization: Wiley Rein LLP

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Wiley Rein Secures Favorable Outcome for Insurer in Jury Trial Related to Ponzi Scheme Coverage

By Executive Summary on June 7, 2016

On June 3, 2016, after a multi-day trial in a hotly contested case, a New York jury found that Continental Casualty Company did not unreasonably delay in seeking to rescind an accountants professional liability policy and therefore had not waived its right to rescind the policy. Wiley Rein partner Richard A. Simpson represented Continental, leading a team that included consulting counsel Ashley E. Eiler and partner Kimberly A. Ashmore. Continental Cas. Co. v. Marshall …

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Wiley Rein Promotes Two Insurance Attorneys to Partner

By Executive Summary on November 16, 2015

We are pleased to announce the election of new partners—John E. Howell and Parker J. Lavin—effective January 1, 2016. We congratulate them for these well-deserved accomplishments and applaud the dedication they have shown to their clients and the firm. “It is my pleasure to congratulate the recently named partners at Wiley Rein on their new roles,” said Managing Partner Peter D. Shields. “These promotions reflect our deep appreciation for the hard work, commitment, and outstanding…

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Video: Wiley Rein Partner Speaks During 2015 Professional Risk Symposium Panel

By Executive Summary on August 5, 2015

In April, Richard A. Simpson, a partner in Wiley Rein’s Insurance Practice, was a panelist during the two-day 2015 Professional Risk Symposium hosted in Atlanta, Ga. The annual event is put on by the Professional Liability Underwriting Society (PLUS). A clip of Mr. Simpson speaking on the panel titled “Settling for Escalating Defense Costs?” was posted on the PLUS Blog on August 4. “The starting point as a carrier when you’re defending a…

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Judicial Order Praises Insurance Partner Kim Melvin

By Executive Summary on March 9, 2015

At the conclusion of a case, it’s not unusual to be commended by opposing counsel or even the judge. It’s much less common to be praised in a judicial order. But that’s exactly what happened to Wiley Rein Insurance Partner Kim Melvin. In January 2015, Kim was commended in an order issued by Mary Rowland, Magistrate Judge for the Northern District of Illinois, following the conclusion of long, arduous settlement negotiations in a pending case:…

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Civil Lawsuit Alleging Ethical Violations Is Not a “Disciplinary Proceeding” Under a Lawyers Professional Liability Policy

By Executive Summary on December 19, 2014

Applying Missouri law, a federal district court has held that a civil lawsuit alleging ethical violations by a law firm and its attorneys does not constitute a “disciplinary proceeding” under a lawyers professional liability policy. The Hullverson Law Firm, P.C. v. Liberty Ins. Underwriters, Inc. (E.D. Mo. Oct. 22, 2014). …

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Health Care Professional Services Exclusion Applies Where Injury Would Not Exist But-For Failure to Provide Medical Attention

By Executive Summary on December 19, 2014

The Supreme Court of Mississippi held that a health care professional services exclusion applies where the damage alleged in an underlying claim would not exist but-for paramedics’ failure to provide medical attention under Mississippi law. Gray v. Arch Spec. Ins. Co., No. 2013-CA-01124-SCT (Miss. Oct. 23, 2014). …

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Professional Association’s Investigation of Ethical Complaints and Credentialing of Members Constitute Professional Services

By Executive Summary on December 19, 2014

Applying Minnesota law, a federal district court in Minnesota has held that an association’s certification of one of its members as a radiologic technologist constitutes professional services. Assurance Co. of Am. V.A. Registry of Radiologic Techs., 2014 WL 6772742 (D. Minn. Dec. 1, 2014).…

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Business Pursuits Exclusion Bars Coverage for Activities after Alleged Ponzi Schemer Left Law Firm

By Executive Summary on December 16, 2014

A federal magistrate judge has determined that legal malpractice insurers need not defend an attorney for claims arising from his activities as manager of a fraudulent investment fund after settling allegations covering the time period he worked as a lawyer at the insured firm. Duckson v. Cont’l Cas. Co., No. 14-cv-1465 (D. Minn. Dec. 8, 2014).…

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Automated Calls to Advertise Insurance Services Do Not Constitute Professional Services

By Executive Summary on December 8, 2014

An Illinois intermediate appellate court has ruled that an insurance agent/broker’s automated calls to advertise its services did not constitute “professional services” and therefore did not trigger coverage under its professional liability policy. Margulis v. BCS Ins. Co., 2014 IL App (1st) 140286 (Ill. App. Ct. Nov. 26, 2014). …

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Notice of Violation Alleging Refusal to Tender Benefits Owed Constitutes a “Claim”

By Executive Summary on December 8, 2014

The United States District Court for the Middle District of Florida, applying Florida law, has held that a civil remedy notice of insurer violation made pursuant to a bad-faith statute and alleging an insurer’s failure to tender benefits owed constitutes a “claim” made against the insurer. Windhaven Managers, Inc. v. Chartis Specialty Ins. Co., 2014 WL 6674609 (M.D. Fla. Nov. 24, 2014).…

Executive Summary

Wiley Rein Secures Favorable Outcome for Insurer in Jury Trial Related to Ponzi Scheme Coverage

Wiley Rein Promotes Two Insurance Attorneys to Partner

Video: Wiley Rein Partner Speaks During 2015 Professional Risk Symposium Panel

Judicial Order Praises Insurance Partner Kim Melvin

Civil Lawsuit Alleging Ethical Violations Is Not a “Disciplinary Proceeding” Under a Lawyers Professional Liability Policy

Health Care Professional Services Exclusion Applies Where Injury Would Not Exist But-For Failure to Provide Medical Attention

Professional Association’s Investigation of Ethical Complaints and Credentialing of Members Constitute Professional Services

Business Pursuits Exclusion Bars Coverage for Activities after Alleged Ponzi Schemer Left Law Firm

Automated Calls to Advertise Insurance Services Do Not Constitute Professional Services

Notice of Violation Alleging Refusal to Tender Benefits Owed Constitutes a “Claim”

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