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Amicus Library

Errors and Omissions
ACE American Insurance Company vs. Underwriters at Lloyds and Companies, et al.
Year: 2007
Court: Pennsylvania Supreme Court
Case Number: No. 45 EAP 2008
Issue:
  • Errors and Omissions
State:
  • Pennsylvania

Errors and Omissions, or “E&O” insurance. If an insurance company attempts to avoid its coverage obligations under a claims-made policy due to “late notice,” the insurance company must bear the burden to prove that notice was late, just like under an occurrence policy. Even when…

Fireman’s Fund Insurance Co. v. TD Banknorth Insurance Agency Inc.
Year: 2010
Court: Connecticut Supreme Court
Case Number: S.C. 18796
Issue:
  • Errors and Omissions
  • Make-Whole Doctrine
State:
  • Connecticut

Priority of recovery following assignment. The insured was made to pay certain fines and incurred a deductible on the insurance coverage. Upon recovery of funds by the insurer following subrogation, the insured tried to recover the deductible prior to the insurer being made whole. UP…

Wellpoint Inc., Anthem Ins. Co v. Nat. Union. Fire Ins. Co.
Year: 2014
Court: Indiana Supreme Court
Case Number: 49A05-1202-PL-92
Issue:
  • Errors and Omissions
State:
  • Indiana

This case arises from a class-action lawsuit alleging that the insurer unlawfully conspired to systematically delay, deny, and diminish payments to doctors under a health plan. The insuring agreement in the policy at issue provided coverage for “errors and omissions” (E&O) arising out of “professional…

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