Bradley Lorden

Bradley Lorden

Proskauer Rose LLP

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Latest Publications


Seventh Circuit Issues Stern Warning For Insurers That Reject Their Duty to Defend

The first line of the Seventh Circuit’s opinion says it all: “This case provides a warning for insurance companies who refuse to defend their insureds.” As the court’s admonishment suggests, insurers that improperly refuse to...more

8/26/2015 - Breach of Duty Commercial General Liability Policies Declaratory Judgments Denial of Insurance Coverage Duty to Defend Estoppel Insurance Industry Insurance Litigation Insureds Reservation of Rights Summary Judgment Vicarious Liability

Montana Joins Majority of Courts Holding That Insurers Must Establish Prejudice to Disclaim Coverage Based on an Insured’s Late...

Joining a majority of states that have addressed the issue, the Montana Supreme Court recently held that “an insurer who does not receive timely notice required by the terms of an insurance policy must demonstrate prejudice...more

7/21/2015 - Commercial General Liability Policies Damages Duty to Defend Exclusions Indemnification Insurance Industry Insurance Litigation Insureds Late Notices MT Supreme Court Notice Prejudice Rule Notice Provisions Third-Party

Protecting Directors and Officers From Derivative Liability Arising From Data Breaches

With data breaches affecting companies across virtually every industry, cyber security has remained front page news. Lawsuits brought by aggrieved consumers and financial institutions against companies that have suffered data...more

6/2/2015 - Board of Directors Corporate Officers Cyber Insurance D&O Insurance Data Breach Derivative Suit Fiduciary Duty Personal Liability Risk Management

Mississippi Supreme Court Limits Broker Liability Where Insured’s Conduct Is Uninsurable

When an insurance claim is denied, policyholders sometimes look to their broker as a potential source of recovery. Generally speaking, a broker owes its client the duty to procure the scope of coverage requested. When a...more

3/16/2015 - Commercial General Liability Policies D&O Insurance Insurance Brokers Insurance Industry Intellectual Property Litigation

Illinois Court of Appeals Decision Serves as Caution to Policyholders Seeking Coverage for Underlying Settlements

The Illinois Court of Appeals recently issued an opinion providing guidance for policyholders seeking insurance coverage under commercial liability policies for settlements to resolve class actions asserted against them. In...more

11/11/2014 - Class Action Commercial General Liability Policies Settlement TCPA Unsolicited Faxes

Insurer’s Liability for Breach of Contract Is Not a Condition Precedent to Insured’s Bad Faith Claim

A Florida appeals court recently held in Cammarata v. State Farm Florida Insurance Co. that an insured is not required to show that its insurer breached the insurance policy before it can bring a claim for bad faith. Although...more

10/1/2014 - Appeals Bad Faith Breach of Contract Hurricane Wilma Property Damage Property Insurance Settlement State Farm Voluntary Payments

Mind Your Ds and Os: Policy Language Proves Determinative in Director and Officer Insurance Coverage

A recent pair of opinions from New York and Pennsylvania shows the importance of evaluating all parts of director and officer (D&O) insurance coverage, down to each definition. These cases, one holding for the insured and one...more

8/18/2014 - Corporate Counsel D&O Insurance Professional Liability

Alabama Supreme Court Reverses Course, Finds Insurance Coverage for Faulty Workmanship Claims

Companies such as homebuilders, construction companies and contractors face significant financial risk from bodily injury and property damage claims arising from allegedly faulty workmanship or construction defects. Although...more

7/25/2014 - Bodily Injury Commercial General Liability Policies Construction Accidents Construction Contracts Construction Defects Construction Disputes Construction Site Construction Workers Contractors Corporate Counsel Faulty Workmanship General Contractors Property Damage Risk Management

Illinois Appellate Court Examines Number of Occurrences and Limits Application of Time-and-Space Test

On January 11, 2013, the Illinois Appellate Court for the First District in Chicago issued an important decision concerning the test for the number of occurrences under an insurance policy....more

1/24/2013 - Number of Occurences

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