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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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