Tag Archives: precludes

D&O Insurance: Warranty Exclusion Precludes Coverage Due to Application Misrepresentation

A federal district court has held that because of an insured company’s application misrepresentation about possible M&A activity, a D&O insurance policy’s Warranty Exclusion precludes coverage for the policyholder’s costs incurred in defending claims arising out of the insured company’s … Continue reading

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Late Notice Precludes Coverage for False Claims Act Settlement

When most people think of liability insurance, they think about the insurer’s payment obligations. But policyholders have obligations under liability insurance policies, too. Among the most important policyholder obligation is the requirement to provide timely notice of claim. The failure … Continue reading

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Second Circuit: Excess D&O Policy’s Warranty Statement Exclusion Precludes Coverage

The Second Circuit recently took up the insurance coverage dispute arising out of the high profile enforcement action the SEC pursued against hedge fund Patriarch Partners and its CEO, Lynn Tilton. The district court had ruled that coverage under the … Continue reading

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Acorda Therapeutics: Other Patents Covering Invention Precludes Reliance on Secondary Indicia of NonObviousness

by Dennis Crouch Acorda Therapeutics v. Roxane Labs (Fed. Cir. 2018) In a 50+ page majority opinion, the Federal Circuit has affirmed a district court obviousness judgment.  Judge Taranto penned the majority opinion and was joined by Judge Dyk. Judge … Continue reading

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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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