No Computer Fraud Coverage for Ransomware Attack
The Indiana Court of Appeals, applying Indiana law, has held that a ransomware attack did not necessarily constitute a “fraudulent” act, and the corresponding loss did not fall within the scope of the...
View ArticleAlleged Violations of Fair Labor Standards Act and New York Labor Law Not...
The Eastern District of New York, applying New York law, has held that alleged violations of the New York Labor Law (NYLL) and the Fair Labor Standards Act (FLSA) did not constitute covered “Wrongful...
View ArticleAlleged Errors In Employee Benefits Administration Potentially Trigger...
The U.S. Court of Appeals for the Ninth Circuit, applying California law, has held that a fiduciary liability policy potentially provided coverage for a complaint alleging errors in the administration...
View ArticleEPL Exclusions in D&O Policy Barred Coverage for Wage-and-Hour Class Action
The United States Court of Appeals for the Ninth Circuit, applying California law, has held that two exclusions in a D&O policy applicable to claims by employees and for Fair Labor Standards Act...
View ArticleNo Coverage for Conduct Performed By Attorney In Uninsured Capacity
The United States District Court for the Southern District of Florida, applying Michigan law, has ruled that an insurer did not owe an attorney and his firm a duty to defend under a professional...
View ArticleIndemnification Demands Made by Stock Option Plan Trustee Not “Fiduciary...
Applying Texas law, the United States District Court for the Eastern District of Texas granted an insurer’s motion to dismiss where an insured sought fiduciary liability coverage for amounts it paid to...
View ArticleNo Coverage for Conduct Performed By Attorney In Uninsured Capacity
The United States District Court for the Southern District of Florida, applying Michigan law, has ruled that an insurer did not owe an attorney and his firm a duty to defend under a professional...
View ArticleTexas Court Holds “Instrumental Act” in Appraisal Litigation is Execution of...
A Texas court of appeals found no coverage under two excess directors and officers liability policies for an appraisal action brought by dissenting shareholders to a merger pursuant to Section 262 of...
View ArticlePre-Policy Email Demanding Payment of Overdue Legal Fees is Not a Claim
Applying California law, a federal district court has held that a request for payment of overdue legal fees does not constitute a claim for purposes of a D&O policy. Domokos v. Scottsdale Ins. Co.,...
View ArticleRun-Off Endorsement Bars Coverage for “False Filings” Made in Connection with...
Applying New York law, a New York state trial court granted an insurer’s motion for summary judgment where an insured sought coverage under a private company D&O policy for a settlement it had paid...
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