Christopher B. Freeman

Christopher B. Freeman

Carlton Fields Jorden Burt

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Eleventh Circuit Affirms Summary Judgment for Insurer Based on "Other Capacity" Exclusion

On June 22, the Eleventh Circuit affirmed the grant of summary judgment in favor of National Union Insurance Company of Pittsburgh, Pa., in an action where the insured sought $10 million in coverage under a D&O policy. The...more

7/1/2015 - Corporate Officers D&O Insurance Fiduciary Duty Insurance Litigation Shareholder Litigation Shareholders Summary Judgment Trustees Trusts Willful Misconduct

Georgia Trial Court Limits the Protection of Georgia's Anti-SLAPP Statute

A recent opinion from the DeKalb County State Court, currently certified for appeal with the Supreme Court of Georgia, included a reminder that the protections afforded by Georgia's anti-SLAPP statute have limits. Georgia's...more

2/25/2015 - Anti-SLAPP Government Investigations Media News Stories

New York District Court Rejects Excess Carrier’s Attempt to Stack Primary Limits in Continuous Exposure Case

Cases involving continuous exposure present unique challenges. Determining when the alleged injury occurred is critical in evaluating causation, damages, and statute of limitations defenses. The date and nature of the...more

12/12/2014 - Insurance Litigation Occurrence Policy Limits Property Insurance Statute of Limitations Toxic Exposure

Well, That Seemed Exhausting: When Is an Excess Insurer Obligated to Post an Appellate Bond?

“You say to-may-toe; I say to-mah-toe,” or so the saying goes. According to the Eastern District of Pennsylvania in Charter Oak Insurance Company v. Maglio Fresh Food, No. 12-3967 (E.D. Penn. Sept. 9, 2014), the same can be...more

11/14/2014 - Appeals Duty to Defend Excess Policies Indemnification Liability Insurance Performance Bonds

If a Tree Falls on the Internet … An Insurer Has a Duty to Defend

Legal bloggers sometimes ask themselves: If my post appears on the Internet, but there’s no evidence anyone has read it, have I been published? The question has not yet been finally resolved among law firm compensation...more

9/8/2014 - Confidential Information Duty to Defend Electronic Medical Records Google Healthcare Insurers Internet Popular Privacy Concerns Travelers

Financial Coverage Issues: Obtaining D&O Proceeds

Directors and Officers (“D&O”) policies, like all insurance contracts and contracts in general, are governed by the specific wording unique to each contract. Nonetheless, there are several issues that can arise as to the type...more

12/19/2012 - D&O Insurance Duty to Defend Final Adjudication Clause Legal Costs Punitive Damages

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