Ruling in favor of Wiley Rein’s client—a primary D&O insurer—and two excess insurers, the U.S. Court of Appeals for the First Circuit today held that a broadly worded specific litigation exclusion bars coverage for a series of lawsuits, regulatory investigations, and arbitrations filed against the insured, a Puerto Rico subsidiary of UBS, because the matters all involve facts, situations, or circumstances alleged in the prior claims listed in the exclusion. UBS Financial Servs. Inc. v. XL Specialty Ins. Co., No. 18-1148 (1st Cir. July 3, 2019).
Latest Post
More Posts
U.S. Supreme Court: ERISA “Church Plan” Exception Applies to Any Benefit Plan Maintained by Certain Church-Associated Organizations
Bank Settlements Returning Overdraft Fees—Including Plaintiffs’ Attorneys’ Fee Awards—Are Not “Damages”
New Jersey High Court Retroactively Applies Rescission of Medical Malpractice Policy
Attorney Cannot Wait on Outcome of Appeal to Report Dismissal of Client’s Claim Due to Malpractice
Even Without Express Demand for Money, Pre-Policy Period Letter is a “Claim”
Professional Services Exclusions Bar Coverage for Failure to Give Prescribed Drugs to Prisoner
Spreadsheet Listing Asserted Damages is a “Claim”
Equitable Subrogation Allows Excess Insurer to Recover Settlement Contribution from Later Insurer After Proper Policy Period Is Determined
“Regardless of Any Apparent Intent,” Excess Policy Does Not Follow Notice Condition of Primary Policy
Subscribe: Subscribe via RSS
Blogs
Firm/Org