10th Circuit Majority Partly Reverses Ruling Against Professional Liability Insurer

(January 4, 2023, 10:47 AM EST) -- DENVER — A majority of the 10th Circuit U.S. Court of Appeals affirmed a lower federal court’s ruling that an insurer’s rescission of a professional liability insurance policy was untimely but found that the lower courted erred in making an Erie prediction that the New Mexico Supreme Court would not enforce the policy’s unambiguous exclusion for claims “arising out of any conversion, misappropriation, commingling [of] or defalcation of funds or property.”...