The Indiana Supreme Court, applying Indiana law, has held that an insured may be entitled to coverage for a ransom payment under a commercial crime policy if the circumstances of the attack “fraudulently caused” the insured to make the payment.
Wiley Rein LLP
Wiley Rein is a dominant presence in Washington, DC, with more than 240 attorneys and public policy advisors. Our firm has earned international prominence by representing clients in complex, high-stakes regulatory, litigation, and transactional matters. Many of the firm’s attorneys have held high-level positions in the White House, on Capitol Hill, and in federal agencies including the U.S. Department of Defense, the U.S. Patent and Trademark Office, the Federal Communications Commission, the U.S. Department of State, the U.S. Department of Commerce, the U.S. Environmental Protection Agency, the Federal Election Commission, and the U.S. Department of Justice. Many of our attorneys also have active high-level security clearances that allow them to quickly “read in” to matters when there is a need to access classified materials. The Legal Times has noted that the firm “represents as perfect a merging of public policy and corporate America as exists in Washington.”
Latest from Wiley Rein LLP - Page 2
Kentucky Court Holds That Notice-Prejudice Rule Does Not Apply to Claims-Made-And-Reported Policies
In a matter of first impression, a Kentucky appellate court held that the notice-prejudice rule does not apply to claims-made-and-reported policies. Darwin Nat’l Assurance Co. v. Kentucky State Univ., 2021 WL 1045716 (Ky. Ct. App. March 19, 2021).…
Nevada Supreme Court Holds Insurer May Recoup Defense Costs
Answering a certified question regarding a matter of first impression, the Nevada Supreme Court has held that an insurer is entitled to reimbursement of defense costs expended in defense of an insured where a determination is made that the insurer…
No Coverage for Three Lawsuits Related to Email Not Timely Noticed; No Showing of Prejudice Required Where Notice Not As Soon As Practicable
The United States District Court for the District of Columbia, applying District of Columbia law, has held that there is no coverage for three lawsuits filed against an insured company because the lawsuits related to an email demand previously received…
No Coverage Under Legal Malpractice Policy for Solo Practitioner’s Family Disputes
A Pennsylvania federal district court has held that a solo practitioner’s legal malpractice policy did not provide coverage for litigation arising out of several disputes with the attorney’s family because the attorney failed to comply with the policy’s notice provision,…
Delaware Trial Court Holds that Fraudulent Transfer Claim by Bankruptcy Trustee is a “Securities Claim”
Applying Delaware law, the Delaware Superior Court has held that a bankruptcy trustee’s fraudulent transfer claim constitutes a “Securities Claim” under a D&O policy. Verizon Commc’ns Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa, 2021 WL 710816 (Del.
Insurer Has Duty to Defend Suits Seeking Only Declaratory and Injunctive Relief
An Illinois appellate court has held that a professional liability insurer has a duty to defend suits seeking only declaratory and injunctive relief, even though the suits did not allege potentially covered damages. MHM Correctional Servs., Inc. v. Evanston Ins.…
Insurer Entitled to Rescind Policy Due to Insured’s Failure to Disclose Contract Dispute and Potential Claim on Application
A California federal district court has ruled that an insurer could rescind a professional liability policy because its insured failed to disclose a customer dispute and potential claim in its application for coverage. Scottsdale Indem. Co. v. Sun Coast Gen.…
Where Policy Contains no Duty to Defend, Reasonableness of Insurer’s Decision to Withhold Consent to Settlement Judged from Insurer’s Perspective
In answering a certified question from the Ninth Circuit, the Arizona Supreme Court has held that, where the policy contains no duty to defend, the objective reasonableness of an insurer’s decision to withhold consent to settlement is judged from the…
Delaware Supreme Court Applies Delaware Law in D&O Coverage Dispute Involving California Company Incorporated in Delaware
In a much-watched case, the Delaware Supreme Court has held that Delaware law governs a dispute regarding insurance coverage for a federal securities class action under D&O policies issued in California to a California company, where the company was incorporated…