Business Organization, Civil Procedure, Insurance

New York Court Rules that Professional Services Exclusion Bars Coverage for Underlying Actions Brought By FINRA and Private...

by Eryk Gettell | Sedgwick LLP on 4/12/2013

In David Lerner Associates, Inc. v. Philadelphia Indemnity Insurance Company, 2013 WL 1277882 (E.D.N.Y. Mar. 29, 2013), the United States District Court for the Eastern District of New York affirmed the plain meaning of the...more

New York Court Holds Professional Services Exclusion Applicable

by Traub Lieberman Straus & Shrewsberry LLP on 4/2/2013

In its recent decision in David Lerner Assocs. v. Philadelphia Indem. Ins. Co., 2013 U.S. Dist. LEXIS 46333 (E.D.N.Y. Mar. 29, 2013), the United States District Court for the Eastern District of New York had occasion to...more

Third Circuit Addresses Insured Status for Lessor of Commercial Auto

by Traub Lieberman Straus & Shrewsberry LLP on 3/26/2013

In its recent decision in Koons v. XL Insurance Company, 2013 U.S. App. LEXIS 5870 (3d. Cir. Mar. 25, 2013), the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, had occasion to consider...more

The Material Impact of the Amgen Decision on D&O Insurance

by Matthew Klebanoff, Angelo Savino | Cozen O'Connor on 3/8/2013

In Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085 (Slip Op. Feb. 27, 2013), the U.S. Supreme Court, in a 6-3 majority opinion (Ginsburg, J.), affirmed the U.S. Court of Appeals for the 9th Circuit’s...more

California Supreme Court Holds Suits Against Dissolved Foreign Corporations Subject to Survival Statutes of State of Incorporation

by Charles Wheeler | Cozen O'Connor on 3/1/2013

Greb v. Diamond International Corp., __ Cal.4th __, __ Cal. Rptr.4th __ (February 21, 2013) In a victory for liability insurers against the asbestos plaintiffs’ bar, the California Supreme Court ruled in Greb v. Diamond...more

In the Matter of Krafft-Murphy Co., Inc., C.A. No. 6049-VCP (Del. Ch. Feb. 4, 2013) (Parsons, V.C.)

by Potter Anderson & Corroon LLP on 2/15/2013

In this opinion, the Court of Chancery denied a motion for judgment on the pleadings by certain asbestos claimants (the “Claimants”) seeking appointment of a receiver under 8 Del. C. § 279, holding that the dissolved...more

Patton Boggs Reinsurance Newsletter - December 2012: Iowa Federal Court Dismisses Claims Against Bermuda Reinsurance Affiliates

by Patton Boggs LLP on 1/2/2013

In this long term insurance benefits dispute, claims were brought by the policyholder against Bermuda-based reinsurance companies affiliated with the insurer. The Bermuda companies (and others) filed a motion for judgment on...more

D.C. Circuit Affirms HHS Power to Disqualify Corporate Officials Convicted of Misdemeanors Under the "Responsible Corporate...

by Duane Morris LLP on 8/8/2012

On July 27, 2012, the U.S. Court of Appeals for the D.C. Circuit issued the long-anticipated decision in Friedman v. Sebelius. Friedman addressed whether the U.S. Department of Health and Human Services (HHS), through its...more

7th Circuit Addresses Insured vs. Insured Exclusion

by Traub Lieberman Straus & Shrewsberry LLP on 7/3/2012

In its recent decision in Miller v. St. Paul Mercury Ins. Co., 2012 U.S. App. LEXIS 13298 (7th Cir. June 29, 2012), the United States Court of Appeals for the Seventh Circuit, addressing Illinois law, had occasion to consider...more

District Court Refuses To Apply Business Judgment Rule To Claims Against Officers

by Allen Matkins Leck Gamble Mallory & Natsis... on 6/21/2012

Since 2008, a total of 38 banks have failed in California (See this list of failed banks). When this happens, the Federal Deposit Insurance Corporation acts as receiver for the bank. Since the FDIC is also an insurer of the...more

Court Denies Pennsylvania Insurance Department’s Move To Liquidate Two Long-Term Care Insurers

by Ballard Spahr LLP on 5/10/2012

The Commonwealth Court of Pennsylvania has rejected the efforts of the Pennsylvania Insurance Department (PID) to liquidate two long-term care insurance (LTCI) companies domiciled in Pennsylvania. The ruling in Consedine v....more

FDIC Claims Against Directors and Officers of Failed Banks

by Venable LLP on 2/17/2012

In this presentation: A. Themes From D&O Suits B. The Great Recession and Other Defenses C. Other Notable Issues Raised in Motions D. Settlements E. Duty of Care F. FDIC Guidance on...more

Is A Director An “Official At The Highest Level Of Corporate Management”?

by Allen Matkins Leck Gamble Mallory & Natsis... on 2/15/2012

Liberty Mutual Ins. Co. v. Superior Court, 10 Cal. App. 4th 1282 (1992) involved an attempt by a plaintiff to depose the president of an insurance company. In response, the First District Court of...more

Second Circuit: D&O Insurance Covers Subpoenas, Special Litigation Committees, and Independent Consultants

by Lowenstein Sandler LLP on 7/31/2011

Policyholders were recently granted a sweeping victory on critical issues of insurance coverage for subpoenas and securities-related costs in the Second Circuit’s MBIA Inc. v. Federal Insurance July 1, 2011, opinion. Perhaps...more

D&O Policy Other Insurance Provision Enforced as Excess Over CGL Policy

by Sedgwick LLP on 4/4/2011

New York Court of Appeals In Fieldston Property Owners Ass’n, Inc. v. Hermitage Ins. Co., Inc., ___ N.E.2d ___, 2011 WL 649812 (N.Y. February 24, 2011), the New York Court of Appeals concluded that under separate policies...more

Will Insurance Cover California Wage and Hour Class Actions?

by Venable LLP on 12/12/2010

There is a strong possibility that wage and hour class actions may be covered under many Employment Practice Liability (EPL) or Directors and Officers Liability (D&O) policies. In a pending coverage action in the Central...more

Second Circuit Reverses Order Disqualifying Defense Counsel In Suit Over Demutualization Of Insurance Company

by Sheppard Mullin Richter & Hampton LLP on 10/13/2009

In Murray v. Metropolitan Life Ins. Co., No. 09-3716-CV, 2009 WL 3080462 (2d Cir. Sept. 29, 2009), the United States Court of Appeals for the Second Circuit reversed an order by the district court disqualifying defense...more

So Your Business Has Been Sued: Now What?

by John Watkins on 7/13/2009

Many businesses have been fortunate in avoiding litigation. However, it may happen. If it happens to you, this article covers some of the basic considerations. The main rule: Do not panic, but do not procrastinate!...more

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Business Organization › Civil Procedure › Insurance