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Policy Observer - December 2014

Giving and Receiving: Insuring Company-Sponsored Volunteerism: This is the time of year when we are reminded of the importance of giving. Many companies not only donate generously to nonprofits and community programs,...more

12/17/2014 - Attorney's Fees Banks D&O Insurance Employer Liability Issues Environmental Liability Environmental Policies Holidays Liability Insurance Volunteers

New York Extends Common Interest Privilege Protection to Non-Litigation Communications

Ordinarily, when a communication between an attorney and her client is disclosed to a third party, that communication loses its privileged status. The common interest privilege operates as an exception to that rule that...more

12/10/2014 - Attorney-Client Privilege Bank of America Common-Interest Privilege Confidential Communications Countrywide Disclosure Mergers Third-Party

Policyholder Observer

Encryption Flaw "Heartbleed" Creates Data Risk: How Insurance Can Stanch the Bleeding - In early April, news broke of an encryption flaw named “Heartbleed” that exposed companies to data breaches for over two and one...more

7/1/2014 - Asbestos Asbestos Litigation Commercial General Liability Policies Cyber Insurance Cybersecurity D&O Insurance Duty to Defend Excess Policies Exclusions False Advertising Heartbleed Insurers Investment Adviser Investment Management Notice Requirements Policy Exclusions Property Insurance Startups

Policy Observer - July 2013

Getting Over the Bar: Second Circuit Requires Actual Payment of Underlying Limits In Order to Trigger Excess D&O Policies - In June, the Second Circuit held that two Federal Insurance Company ("FIC") excess D&O...more

8/1/2013 - Bad Faith Catholic Church Construction Defects Contract Interpretation D&O Insurance Disgorgement Document Productions Duty to Defend Excess Policies Extrinsic Evidence Hurricane Sandy Indemnification Insurers Liquidation Occurrence Policy Limits SEC Settlement Sexual Abuse Subrogation

Looking Past The Labels: Bank’s Disgorgement Payment To SEC Not Necessarily Excluded From D&O Coverage

In 2006, Bear Stearns agreed to a $250 million “neither admit nor deny” settlement with the SEC to settle charges that it facilitated late trading and deceptive market timing by its hedge fund customers....more

7/29/2013 - Bear Sterns D&O Insurance Disgorgement Hedge Funds Neither Admit Nor Deny Settlements SEC

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