‘Unintentional’ Is ‘Conclusory Buzz Word,’ Panel Says, Affirms No Coverage Owed

Mealey's (November 8, 2022, 12:51 PM EST) -- ATLANTA — The 11th Circuit U.S. Court of Appeals on Nov. 8 held that a credit card processor’s underlying arbitration demand does not allege facts to demonstrate that an insured’s breach of a Merchant Card Processing Agreement was unintentional, affirming a lower federal court’s ruling in favor of a professional errors and omissions liability insurer in a coverage dispute over the arbitration proceeding arising from an alleged $1.1 million embezzlement by the insured’s employee....