Latest Publications


Court Finds Coverage For Settlement Of Restitution Claim

Insurers often take the position that indemnification for claims for “restitution” are barred by public policy, and contend they have no obligation to reimburse a settlement of such claims. They often take this position even...more

7/29/2014 - Indemnity Claim Insurers Public Policy Restitution Settlement

D&O Coverage: The Devil Is In the Details

A five-paragraph opinion by the New York Appellate Division suggests the potentially devastating consequences of ignoring the fine print of Directors & Officers Liability insurance policies. In Associated Community Bancorp.,...more

7/21/2014 - Appeals Bernie Madoff Board of Directors D&O Insurance Directors Duty to Defend Liability Insurance Litigation Fees & Costs Policy Exclusions Shareholder Demands

New case affirms broad duty to defend in construction defect case where damage dates unclear

A new case from Oregon deals with a recurring problem in construction defect litigation—the absence of clear dates in the complaint regarding when damage is alleged to have occurred. ...more

6/12/2013 - Construction Defects Damages Duty to Defend Insurers

General Liability Policies May Cover Antitrust, Patent and Other Business Litigation - Part 2

In a prior post, we explained how a general liability policy may cover antitrust, patent, trade secret and other business litigation claims, if there are allegations that insured made negative comments about the other party’s...more

2/13/2013 - Abuse of Process Commercial General Liability Policies Duty to Defend Malicious Prosecution Noerr-Pennington Doctrine Patents Sham Litigation Exception Walker Process Claims

General Liability Policies May Cover Antitrust, Patent, and Other Business Litigation – Part 1

General liability insurance is frequently overlooked in business litigation. These policies, however, include coverage for “disparagement” and “malicious prosecution.” Both terms are construed broadly and may provide coverage...more

2/8/2013 - Antitrust Litigation Business Litigation Commercial General Liability Policies Disparagement Infringement Libel Malicious Prosecution Patents Slander Trade Secrets

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