Upholding a “law most favorable” provision with respect to the insurability of ill-gotten gains, the Delaware Superior Court has concluded that Delaware law, rather than New York law, applies to a coverage dispute regarding coverage for settlement amounts allegedly constituting
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 3
Negligent Misrepresentation Claim Not Barred By Exclusion for Dishonest Conduct
The United States District Court for the Northern District of California, applying California law, has held that a dishonesty exclusion in a D&O policy did not bar coverage for an underlying lawsuit alleging a company president’s negligent misrepresentation in inducing…
Coverage for Stockholder Suits Not Barred By Prior Acts Exclusion or Bump-Up Provision
Judge Paul Wallace of the Delaware Superior Court has held that a bump-up provision did not operate to preclude coverage for a settlement of a Section 14(a) cause of action. Northrop Grumman Innovation Sys., Inc. v. Zurich Am. Ins. Co.…
Consumer Protection Claims Not Barred By Antitrust Exclusion
The United States District Court for the Central District of California, applying California law, has held that antitrust exclusions in two D&O policies did not bar coverage for a class action against an insured sports equipment manufacturer asserting violations of…
Pandemic-Related Losses Not “Direct Physical Loss of or Damage to Property” And Do Not Trigger Coverage Under Commercial Property Policy
In a win for Wiley’s client, the United States District Court for the District of Massachusetts, applying Massachusetts law, granted the insurer’s motion to dismiss, finding that business losses related to the COVID-19 pandemic could not trigger coverage under a…
No Coverage for Lawsuit Alleging Intentional Conduct to Circumvent Estate Plan
The United States District Court for the Northern District of Illinois, applying Illinois law, has held that a professional liability insurer had no duty to defend or indemnify an employee of its insured realty management company where the underlying allegations…
Changes at the FTC Could Increase D&O Exposure
A new presidential administration always brings changes that impact a broad spectrum of industries. And the Biden Administration figures to be no exception. There have been numerous thoughtful articles about how President Biden’s administration could reshape federal agencies’ priorities and…
Lawsuits Concerning Same Housing Development Project Are Related Claims
The California Court of Appeal, applying California law, has held that two lawsuits arising from work performed by the same insured engineering firm on a housing development constitute related claims under the firm’s professional liability policies, and were thus subject…
Lawyer’s Multiple Acts of Negligence Constitute A Single Claim
The Missouri Court of Appeals, applying Missouri law, has held that multiple acts of negligence committed by a lawyer while representing a married couple in a lawsuit are related acts or omissions constituting a single claim under the law office’s…
Professional Services Exclusion Does Not Bar Coverage for Lawsuit Alleging “Business Decisions” of Healthcare Facility
The United States District Court for the Southern District of Florida, applying Maryland law, has held that the professional services and managed care activity exclusions in a D&O policy did not bar coverage for a lawsuit against the insured healthcare…