July 31, 2019

In their Insurance Law Update, Jenner & Block Partner David M. Kroeger and Associate Catherine L. Doyle highlight the case of Emmis Communications Corp. v. Illinois National Insurance Co.  In that case, the policyholder gave notice under a current directors and officers policy as well as a prior year D&O policy.  The Seventh Circuit concluded that the policyholder’s provision of notice under the prior policy barred coverage under the current policy.  “In Emmis,” the authors observe, “the policyholder’s cautionary, ‘better safe than sorry’ claims reporting strategy resulted in the unanticipated exclusion of coverage as a result of ‘complex’ and ‘Byzantine’ policy language.”