Tag Archives: illusory coverage

7th Circ.: Contract Exclusion Renders Coverage “Illusory”

I have long believed and said that the typical professional liability and D&O liability insurance policy contractual exclusion written with the broad “based upon, arising out” preamble sweeps too broadly and precludes coverage for the very kind of claims for which policyholders buy the insurance. The Seventh Circuit has now said what I have long … Continue Reading

D&O Insurance: More About the Professional Services Exclusion Problem

Regular readers know that one of my recurring  private company D&O insurance coverage concerns has to do with the professional services exclusion and the way many carriers seek to phrase, interpret, and apply the exclusion, particularly with respect to insured companies engaged in service businesses. My concern is that all too often the exclusion is … Continue Reading
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