Article Archives >> Lead Stories >> January 16-February 15, 2010

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Insurance Coverage Denied
After False Answer on Application
Claims “arising out of” required information
are excluded by terms of D & O policy

The failure to notify an insurance carrier that a nonprofit had settled a claim with the Internal Revenue Service over its tax-exempt status has given an insurance company the basis to deny coverage for litigation “arising out of” disputed efforts to comply with the settlement order.  The policy specifically excluded claims arising out of facts required to be disclosed in answer to certain questions on the application, one of which asked whether the organization had settled a claim with the United States.  (Gluck v. Executive Risk Indemnity, E.D. NY, No. CV-07-4562, 1/22/10.)

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Article Archives >> Lead Stories >> January 16-February 15, 2010




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