Wiley Rein: Burden on Insurer to Prove Insured's Prior Knowledge of Potential Claim | Practical Law
This Law Firm Publication by Wiley Rein LLP discusses Foster v. Westchester Fire Ins. Co., (W.D. Pa. June 26, 2012). In this case before the US District Court for the Western District of Pennsylvania, the court held that under Pennsylvania law, an insurer has the burden of proof on whether at the inception of the policy an insured has a reasonable basis to believe that an act or omission might result in a professional liability claim. The publication discusses the case's factual background and the court's ultimate legal holdings.