Latest Publications


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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