Business Organization, Commercial Law & Contracts, Insurance

Missouri Court Holds Prejudice Requirement Inapplicable to Claims Made Policy

by Traub Lieberman Straus & Shrewsberry LLP on 5/17/2013

In its recent decision in Secure Energy v. Phila. Indem. Ins. Co., 2013 U.S. Dist. LEXIS 69320 (E.D.Mo. May 15, 2013), the United States District Court for the Eastern District of Missouri had occasion to consider whether...more

Business Interruption Insurance

by Peter Bauman - Senior Associate at Tharpe &... on 5/16/2013

Business Interruption Insurance Business Interruption Insurance (“BII”) is a form of commercial insurance coverage that provides limited but useful protection when a business is unable to continue normal operations or occupy...more

Mississippi Court Holds D&O Policy Not Triggered By Real Estate Scheme

by Traub Lieberman Straus & Shrewsberry LLP on 4/26/2013

In its recent decision in State Farm Fire & Cas. Co. v. Anderson, 2013 U.S. Dist. LEXIS 57837 (S.D. Miss. Apr. 23, 2013), the United States District Court for the Southern District of Mississippi had occasion to consider...more

Fourth Circuit Court Of Appeals Puts Teeth Into The "In Fact" Exclusions Of A D&O Policy

by Steven Brodie, Joseph Lang Jr., Sylvia H. Walbolt | Carlton Fields on 4/24/2013

In Farkas v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, No. 12-1481, 2013 WL 1459248 (4th Cir. Apr 11, 2013), the Fourth Circuit Court of Appeals affirmed a decision that put teeth into the "in fact" exclusions of a...more

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

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

Insurance: details and the devil

by Frank Thompson, Sarah Turpin | K&L Gates LLP on 3/20/2013

Originally published in The Lawyer on March 18, 2013. It would be a mistake to think that directors and officers (D&O) insurance provides a blanket indemnity. D&O policy wordings are complex and...more

Physician Payment Sunshine Act Final Rule Released

by Thomas Donohoe, Lauren Groebe, Lindsay Kessler, Matthew Murer | Polsinelli on 3/7/2013

In This Issue: - Interpretation and Clarification of Key Definitions ..Applicable Manufacturers ..Applicable GPOs ..Covered Drug, Device, Biological or Medical Supply ..Covered Recipients ...more

Captive Insurance Companies - The Statutory 831(B) Captive

by Stephen A. Malley, APC on 3/4/2013

Captive insurance companies can serve a number of objectives, including reduction of insurance costs through self-insurance, maintenance of insurance at predicted costs, control of the claims process, and direct access to...more

Auditing the Adults: U.S. Insurance Regulators' Increased Focus on Non-Insurer Parents

by Richard Liskov, Thomas F. Morante, John Sarchio | Holland & Knight LLP on 2/4/2013

Originally published in LIMRA Regulatory Review on 1/2013 If there is one change in U.S. insurance regulation that directly resulted from the financial crisis of 2008, it is the expansion of regulatory oversight of the...more

2 Steps to Minimize Your Company’s Risk

by Donna Ray Berkelhammer | Sands Anderson PC on 1/8/2013

A lot of what lawyers do is look for risks in our clients’ businesses and figure out how to minimize them. Aside from forming an entity to separate your personal assets from your business assets, the two best things you can...more

SEC Charges Allianz with FCPA Violations

by David Smyth | Brooks Pierce on 1/2/2013

On December 17th, the SEC brought a settled administrative FCPA action against Allianz SE, a German insurance company with a subsidiary in Indonesia. The order does not allege violations of the FCPA’s antibribery provisions,...more

Betterments and Improvements Socializing Losses for Owner Installations

by Adam Cohen | Pullman & Comley, LLC on 1/2/2013

It’s not often that the law expects people to insure property they neither own nor control, but the 2010 amendments to the Common Interest Ownership Act (CIOA) do exactly that by requiring most associations to insure...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

Case Highlights Need for Waiver of Subrogation Between Additional Insureds

by Peter Bauman - Senior Associate at Tharpe &... on 12/24/2012

Does a party named as an additional insured under an insurance policy also qualify as an ”insured” under the policy for purposes of the interinsured exclusion? That was the question in a recent property damage case decided by...more

Financial Coverage Issues: Obtaining D&O Proceeds

by Christopher B. Freeman, David M. Leonard, Christy L. MacPherson | Carlton Fields on 12/19/2012

Directors and Officers (“D&O”) policies, like all insurance contracts and contracts in general, are governed by the specific wording unique to each contract. Nonetheless, there are several issues that can arise as to the type...more

Insuring Your Business -- December 2012

by Richard H. Friedman, Michael R. Kelley | McNees Wallace & Nurick LLC on 12/13/2012

In This Issue: Insurance Coverage Related to Oil and Natural Gas Fracking; Finding Coverage For Fiduciary Liability Claims; and What’s the Difference Between an Insurance Certificate and an Additional...more

GPL Insurance for Private Equity Firms – What Questions To Ask

by Elizabeth G. Kurpis, Heidi A. Lawson | Mintz Levin - Corporate & Securities on 12/12/2012

Many private equity firms are concerned about their liabilities, including exposure to lawsuits for breach of fiduciary duty, claims for wrongful acts or omissions, and regulatory or securities investigations. One of the best...more

Duty Of An Insurer To Defend An Additional Insured

by Peter Bauman - Senior Associate at Tharpe &... on 12/10/2012

Many commercial contracts require the seller to maintain insurance against stated risks and also requires that the purchaser be named an additional insured under the seller’s insurance policies. This typically requires that...more

Levick Weekly: Social Media in the Boardroom - Critical Questions Directors Need to Ask

by LEVICK on 12/5/2012

In This Issue: - The 100 Most Influential People In the Boardroom - Social Media & The Boardroom: Critical Questions Directors Need To Ask - Michael Volkov on Whistleblowers - What's Next? The Top Issues of...more

Insuring Your Business -- November 2012

by Geoffrey B. Fehling, Michael R. Kelley | McNees Wallace & Nurick LLC on 11/21/2012

In This Issue: Are You Liable for Serving Alcohol at Holiday Parties? Does Your Insurance Policy Cover You? -- Let’s say that you are having a holiday party (with alcohol served) at your home, or you are a business...more

Construction Insurance Rates Rise

by Robert Freedman - Partner at Tharpe & Howell,... on 11/19/2012

Construction companies need experienced insurance attorneys to guide them now more than ever. That’s because the market for construction-related commercial general liability (CGL) insurance, and umbrella and excess liability...more

Top 10 Business Litigation Mistakes

by Peter Bauman - Senior Associate at Tharpe &... on 11/13/2012

Litigation is an unfortunate necessity of business life. Sometimes, no matter how hard you try, it cannot be avoided. Owners and executives have more pressing things to do, but litigation sometimes is the only course, or the...more

Rethinking COLI and BOLI – Part 1 - Using a Private Placement Variable Immediate Annuities as a Funding Vehicle for Corporate...

by Gerald Nowotny on 11/2/2012

Corporate owned life insurance assets (COLI) and Bank owned life insurance (BOLI) assets may account for close to $1 trillion or more of life insurance company assets. Virtually every major public corporation uses COLI. Why?...more

Reducing Cyber Risk

by Peter Bauman - Senior Associate at Tharpe &... on 10/19/2012

The European perspective on managing cyber risk is valuable for US companies operating internationally and also as risk management guidance when operating in the US. Recently, an arm of the UK Government Communication...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Business Organization › Commercial Law & Contracts › Insurance