Tag Archives: precludes

No Refund For You! Voluntary Payment Defense Precludes Class Certification in Florida Red Light Camera Case

Florida’s Fifth District Court of Appeal (“Fifth DCA”) upheld a denial of certification in a putative class action seeking refunds of fines paid under a red light camera ordinance, ruling that the application of the voluntary payment defense precluded findings … Continue reading

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Ninth Circuit: Professional Services Exclusion Precludes D&O Insurance Coverage

A recurring issue under private company D&O insurance policies is the scope of the preclusive effect of the professional services exclusion. This question is particularly important for companies in professional services industries, as just about everything these kinds of companies … Continue reading

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Failure to Maintain Insurance Exclusion Precludes Coverage for Defense Costs Incurred in a Lapsed Life Insurance Dispute

In a recent insurance coverage lawsuit arising out of an underlying dispute over who was responsible for the lapse of a key man life insurance policy, a court determined that coverage for the attorneys’ fees a management consulting firm incurred … Continue reading

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Second Circuit: Professional Services Exclusion Precludes D&O Coverage for NASDAQ’s Facebook IPO Claims

A recurring D&O insurance issue is the question of whether or not coverage for a particular claim is precluded under the relevant policy’s professional services exclusion. A recent decision by the Second Circuit addressed questions concerning the applicability of a … Continue reading

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FAA Withdrawal Of Complaint In Civil Penalty Action Precludes Prevailing Party Status For Air Carrier

In a recent civil penalty decision, the FAA Administrator determined that an administrative law judge's ("ALJ") dismissal of the FAA's case with prejudice, after the FAA withdrew its complaint, did not make the accused air carrier a "prevailing party" for … Continue reading

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