Chris Bannon and Amber LaFevers Obtain Summary Judgment In Claims-Made Coverage Dispute


Litigation attorneys Christopher J. Bannon and Amber O. LaFevers recently obtained summary judgment for the firm’s client, a legal professional liability insurer, in a case of first impression under Indiana law. The case involved the question of coverage, under a “claims-made” liability policy, for a claim made against the insured law firm after the policy period.

The insured asserted that the claim was covered because it was made during the policy’s 60-day “extended reporting period” following the policy’s termination. But the court rejected that position because the insurance policy provided that no “extended reporting period” was available once the insured purchased other “similar coverage,” and the insured firm had purchased another professional liability policy.

The court agreed with the insurer in finding that the new professional liability policy provided “similar coverage” despite the fact that a policy exclusion in that policy would bar coverage for the specific claim against the law firm, while the prior policy did not.

In addition to declaring that the insurer had no duty to defend or indemnify, the court granted summary judgment in the insurer’s favor on the insured’s breach of contract and bad faith claims. The court issued its memorandum opinion and order on March 30, 2016, in the case of Levy & Dubovich, et al. v. Travelers Casualty and Surety Company of America, cause no. 15-cv-278, in the U.S. District Court for the Northern District of Indiana.

CLICK HERE for a copy of the court’s opinion.

About Christopher J. Bannon

Christopher Bannon focuses his practice on helping clients resolve commercial disputes through litigation, mediation, arbitration and other dispute resolution methods. He devotes a substantial part of his practice to representing insurance companies in resolving complex coverage disputes arising out of various types of insurance policies and relationships.

About Amber O. LaFevers

Amber LaFevers is a commercial litigator who focuses her practice on analyzing and litigating complex business disputes involving insurance coverage, corporate control and general corporate matters. She is regularly engaged in protecting client’s interests and effectively litigating and resolving high-stakes claims involving a wide variety of insurance coverage disputes.

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