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  • Article

    Insurer's Motion To Dismiss Denied Where Complaint Plausibly Alleged Rescission Of Policies Was Untimely Under Wisconsin Statute

    In December 2020, a dentist was indicted for health care fraud and false statements related to procedures performed in 2016 and afterward.
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    Insurer Liable For Pollution Settlement After Denial Of Defense Based On Extrinsic Evidence In Clean Water Act Suit

    The United States District Court for the Western District of Washington, applying Washington state law, has held that an environmental liability insurer breached its duty to defend in bad faith by relying on extrinsic evidence to deny coverage for a pollution lawsuit.
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    Ninth Circuit Affirms Ruling That Section 533 Bars Coverage For Defense Costs And Indemnity When Claims Broadly Allege Willful Conduct

    The United States Court of Appeals for the Ninth Circuit, applying California law, has affirmed a district court's determination that California Insurance Code § 533 barred indemnity and defense costs coverage for a lawsuit alleging the insured conspired to steal clients and employees of a rival talent management agency.
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    No Coverage For "Related Claims" Derived From Single Transaction Where First Claim Was Not Timely Noticed To Insurer

    The U.S. District Court for the Northern District of Illinois, applying Illinois law, has held that a complaint and cross-claims filed in the same lawsuit constitute "related claims"...
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    No Duty To Defend When Demand Letter Received Prior To Policy Period

    The Court of Appeals of Arkansas, applying Arkansas law, has affirmed a trial court's decision that an insurer had no duty to defend where the insured received a demand letter constituting a claim...
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    Related Claim Provision Bars Coverage For Discrimination Claims Asserted Over A Six-Year Period

    Applying Illinois law, the First District Appellate Court of Illinois has held that a related wrongful acts provision barred coverage for a series of "claims" made over the course of six years...
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    Sixth Circuit Affirms No Coverage For Legal Malpractice Claim Under Two Professional Liability Policies

    A federal appeals court examined whether a law firm's professional liability insurance provided coverage when notice of potential malpractice was given during an extended reporting period, but the actual claim wasn't filed until after that period expired. The case also addressed whether a subsequent policy with a retroactive date exclusion could provide coverage for the underlying wrongful act.
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    Supreme Court Of Delaware Affirms Denial Of Coverage Under Run-Off Exclusion

    The Supreme Court of Delaware affirmed a trial court decision holding that a "run-off exclusion" in a management and company liability policy absolved an insurer of the obligation...
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    Third Circuit Holds That Insured Must Satisfy All Conditions Precedent In Excess Policy To Trigger Coverage

    The insured sought insurance coverage for defense costs and settlement of a putative class action under a tower of directors and officers liability insurance.
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    Trade‑Secret Conspiracy Allegations Against Georgia Attorney Do Not Arise From Professional Services And Do Not Trigger Duty To Defend

    A federal district court in Georgia ruled that a professional liability insurer had no obligation to defend or indemnify an attorney accused of misappropriating trade secrets and participating in a conspiracy.
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    Supreme Court Determines Some Copyright Owners Can Recover Damages Beyond The Statute Of Limitations

    On May 9, 2024, the U.S. Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Sherman Nealy et al. (No. 22-1078), holding that copyright owners can recover damages going back more...
    United StatesIntellectual Property
    Wiley Rein
    Wiley Rein
  • Article

    U.S. Customs Releases Importer Guidance For Forthcoming Implementation Of The Uyghur Forced Labor Prevention Act

    On June 13, 2022, U.S. Customs and Border Protection (CBP) released highly anticipated guidance regarding the forthcoming implementation of the Uyghur Forced...
    United StatesInternational Law
    Wiley Rein
    Wiley Rein
  • Article

    USTR Seeks Public Comment On Global Trade Barriers

    The Office of the United States Trade Representative (USTR) recently issued a Federal Register notice seeking public comment on its annual National Trade Estimate Report on Foreign Trade...
    United StatesInternational Law
    Wiley Rein
    Wiley Rein
  • Article

    Illinois Appellate Court Holds Interrelated Wrongful Acts Provision And Prior And Pending Litigation Exclusion Bar Coverage

    The Appellate Court of Illinois has held that an underlying lawsuit was interrelated with another lawsuit brought against the insured by a different claimant, and thus precluded from coverage pursuant to the policy's interrelated wrongful acts exclusion.
    United StatesLitigation, Mediation & Arbitration
    Wiley Rein
    Wiley Rein
  • Article

    No Coverage For Class Action Claim First Made When Asserted In Counterclaim Before Coverage Period

    The United States District Court for the District of Kansas, applying Kansas law, has held that an insured is not entitled to coverage under a claims-made-and-reported policy...
    United StatesLitigation, Mediation & Arbitration
    Wiley Rein
    Wiley Rein
  • Article

    August 1, 2022 FCC EEO Deadlines For Stations In NC, SC, IL, WI, CA

    Radio and television station employment units (SEUs) located in North Carolina, South Carolina, Illinois, Wisconsin, and California with five or more full-time employees...
    United StatesMedia, Telecoms, IT, Entertainment
    Wiley Rein
    Wiley Rein
  • Article

    Say What? FCC Fines NCE Broadcaster For Underwriting And Sponsorship ID Violations

    In 1972, comedian George Carlin famously released a bit on the seven "Filthy Words" you can never say on the public airwaves.
    United StatesMedia, Telecoms, IT, Entertainment
    Wiley Rein
    Wiley Rein
  • Article

    #MWC24 Highlights Collaborative Efforts To Stop Illegal Robocalls And Messages

    On Wednesday, October 8, CTIA hosted the ConnectMobile Forum as part of this year's Mobile World Congress in Las Vegas.
    United StatesPrivacy
    Wiley Rein
    Wiley Rein
  • Article

    Colorado Proposes New Privacy Rules Focused On Minors' Online Data

    In response to 2024 legislative amendments to the Colorado Privacy Act (CPA), Colorado's Department of Law (CO DOL) has issued a Notice of Proposed Rulemaking...
    United StatesPrivacy
    Wiley Rein
    Wiley Rein
  • Article

    Pre-Retroactive Date Conduct Forecloses Coverage For BIPA Lawsuit

    The Appellate Court of Illinois, applying Illinois law, has held that a cyber insurer had no duty to defend or indemnify its insured where the alleged misconduct occurred prior to the policy's retroactive date.
    United StatesPrivacy
    Wiley Rein
    Wiley Rein

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