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No Prejudice Required for Late Notice Under Claims-Made E&O Policy
No Prejudice Required for Late Notice Under Claims-Made E&O Policy

The United States District Court for the Southern District of New York, applying Michigan law, has held that a claims-made E&O policy does not afford coverage where the insured failed to comply with a condition precedent to coverage requiring it to provide notice of a claim within 90 days of the policy’s expiration, irrespective of whether the insurer can demonstrate prejudice. Atos Syntel Inc. v. Ironshore Indem. Inc., 2024 WL 4227709 (S.D.N.Y. Sept. 17, 2024).

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No Duty to Defend BIPA Lawsuit Given Absence of Data Breach or Security Failure
No Duty to Defend BIPA Lawsuit Given Absence of Data Breach or Security Failure
Connecticut Court Holds Restitutionary Settlement Not Insurable Loss
Connecticut Court Holds Restitutionary Settlement Not Insurable Loss
Contractual Liability Exclusion Bars Coverage Where Lawsuit Against Insured Arises Out of a Contractual Obligation
Contractual Liability Exclusion Bars Coverage Where Lawsuit Against Insured Arises Out of a Contractual Obligation
Georgia Federal Court Determines State Court Judgment Entered After Parties Executed a General Release Is Not “Loss”
Georgia Federal Court Determines State Court Judgment Entered After Parties Executed a General Release Is Not “Loss”
No Coverage for Malpractice Suit Where Insured Misrepresented Prior Knowledge of Potential Claim
No Coverage for Malpractice Suit Where Insured Misrepresented Prior Knowledge of Potential Claim
Second Circuit Finds Pre-Suit Letter Was a “Claim” and Remands for Determination of Whether Notice of Claim Was Timely
Second Circuit Finds Pre-Suit Letter Was a “Claim” and Remands for Determination of Whether Notice of Claim Was Timely
Texas Court Finds That Trademark Infringement Claims Involve Interrelated Wrongful Acts
Texas Court Finds That Trademark Infringement Claims Involve Interrelated Wrongful Acts
Prior Knowledge Provision Precludes Coverage for Known Sexual Assault Under Either an Objective or Subjective Standard
Prior Knowledge Provision Precludes Coverage for Known Sexual Assault Under Either an Objective or Subjective Standard
Capacity Exclusion Bars Coverage for Settlement Involving Director’s Self-Dealing While Acting in Dual Capacity as Shareholder and Director of Non-Insured Entity
Capacity Exclusion Bars Coverage for Settlement Involving Director’s Self-Dealing While Acting in Dual Capacity as Shareholder and Director of Non-Insured Entity
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