AG's Letter a Prior "Demand," Eliminates Exec's Defense -
Why it matters -
A letter stating that a government entity "may" bring an enforcement action against the policyholder if it did not "voluntarily" cease...more
Recent Lawsuit Underscores Critical Lessons for Purchasers of Cyber Insurance -
Why it matters: Columbia Casualty Company v. Cottage Health Systems was filed on May 7, 2015, in the Central District of California. Cottage...more
5/21/2015
/ Attorney-Client Privilege ,
Commercial General Liability Policies ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Insurance Industry ,
Insurance Litigation ,
Lead Paint ,
Liability Insurance ,
Pollution Exclusion ,
Privilege Waivers ,
Professional Service Exclusion ,
Settlement ,
Sun Capital Partners ,
Work-Product Doctrine
California Appellate Court: All Claims “Arising From” Ponzi Scheme Are Precluded -
Why it matters: Concluding that any claims related to a Ponzi scheme—even if they involved different investors, investments, or...more
5/7/2015
/ Appeals ,
Arbitration ,
Broker-Dealer ,
Claims Made Policy ,
Class Action ,
D&O Insurance ,
GA Supreme Court ,
Insurance Litigation ,
Investment Adviser ,
Liability Insurance ,
Policy Exclusions ,
Ponzi Scheme ,
Workplace Injury
Legal Issues Not Proper Expert Testimony -
Why it matters: As a good reminder concerning the boundaries for admissibility of expert opinions, a federal court in Texas recently granted a policyholder’s motion to strike an...more
4/4/2015
/ Asbestos ,
Asbestos Litigation ,
Buckyballs ,
Claims Made Policy ,
Duty to Defend ,
Expert Testimony ,
Indemnification ,
Insurance Industry ,
Intellectual Property Litigation ,
Liability Insurance ,
Medical Malpractice ,
Policy Exclusions
More Important Rulings From J.P. Morgan's New York Coverage Litigation -
Why it matters:
A New York Appellate Court unanimously held that a group of insurers could not invoke a Dishonest Acts Exclusion in a...more
1/30/2015
/ Bear Sterns ,
Duty to Defend ,
Enforcement Actions ,
Insurance Litigation ,
JPMorgan Chase ,
Late Notices ,
Liability Insurance ,
NYSE ,
Policy Exclusions ,
Professional Liability ,
Securities and Exchange Commission (SEC) ,
TCPA
South Carolina Court Holds That Absent Substantial Prejudice, Late Notice Does Not Bar Insurer’s Coverage Obligations -
Why it matters:
A federal court in South Carolina ruled that absent a showing by an insurer...more
Lab’s “Body Bag” Presentations Triggered Coverage For Defamation Claims:
Why it matters -
We’ve all sat through some pretty boring PowerPoint presentations. But the lesson from a recent decision: it might be a...more