The United States District Court for the Central District of
California, applying California law, has held that, based on the
initial pleadings, it could not determine in the insurer's
favor whether wrongful acts alleged after a policy's
retroactive date were related to wrongful acts alleged prior to the
policy's retroactive date under the policy's interrelated
wrongful acts provision.
Gilderman v. Argonaut Ins. Co., 2023 WL 5506019 (C.D. Cal.
July 10, 2023).
After he was appointed Trustee of the Miranda St. Trust (the
Trust), the insured purchased a professional liability policy for
actions taken in his capacity as Trustee. The policy provided
coverage for claims first made and reported during the policy
period "arising out of a Wrongful Act committed before the end
of the Policy Period and on or after the Retroactive Date."
"Wrongful Act" was defined as "any actual or alleged
act, error, omission or breach of duty by any Insured in the
rendering of or failure to
