Tag Archives: notice of circumstances

Sixth Circuit: Attempted Notice of Potential Claim Insufficient to Provide Notice of Actual Claim

Claims made policies provide coverage for claims first made during the policy period, but only if the insurer is provided with timely notice of claim. Most claims made policies allow policyholders to provide insurers with a notice of circumstances that may give rise to a claim in the future, in order to make the date … Continue Reading

D&O Insurance: Regulator’s Previous Threat to File Action Triggers Prior Litigation Exclusion

Many D&O insurance policies contain specific prior litigation exclusions precluding coverage for claims made during the policy year related to proceedings commenced prior to the policy inception. A question that can arise is the issue of what type of prior proceedings or actions triggers this exclusion. The Second Circuit recently considered whether a Maryland attorney … Continue Reading
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