Business Torts, Business Organization, Insurance

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 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

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

MARYLAND TITLE COMPANY CAN BE LIABLE IN NEGLIGENCE FOR TITLE SEARCH ERRORS

by Harry Levy on 1/30/2013

Does a title company owe a tort duty of care to its customer when conducting a title search? And, if such a duty exists and is breached, is a title insurance company vicariously liable for the title company’s negligent title...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

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

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

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

Contract Litigation Insurance A Valuable Tool For Business

by Robert Freedman - Partner at Tharpe & Howell,... on 9/28/2012

Many business contracts include “fee-shifting” provisions which require the losing party in any breach of contract litigation to pay attorneys fees incurred by the prevailing party. The financial risk of being liable for...more

Sixth Circuit Holds Excess Insurer’s Coverage Obligations Not Triggered

by Traub Lieberman Straus & Shrewsberry LLP on 9/19/2012

In its recent decision in Goodyear Tire & Rubber Co. v. Nat'l Union Fire Insurance Company of Pittsburgh, PA, 2012 FED App. 0337P (6th Cir. Sept. 18, 2012), the United States Court of Appeals for the Sixth Circuit, applying...more

Insurance Coverage For Long Tail Injuries In California

by Peter Bauman - Senior Associate at Tharpe &... on 9/14/2012

The California Supreme Court recently ruled, in a case involving environmental damage at a State controlled waste site, that multiple insurers, who provided coverage to the State at different periods between 1964-1976, are...more

Digital Risk Management Strategies For Business

by Robert Freedman - Partner at Tharpe & Howell,... on 8/30/2012

Ensuring that key business data survives unexpected events is vital for businesses large and small. That’s why every business should have a plan in place to ensure the availability of its data when manmade or natural...more

Contract Litigation Insurance A Valuable Tool For Business

by Robert Freedman - Partner at Tharpe & Howell,... on 8/21/2012

Many business contracts include “fee-shifting” provisions which require the losing party in any breach of contract litigation to pay attorneys fees incurred by the prevailing party. The financial risk of being liable for...more

Contract Litigation Insurance A Valuable Tool For Business

by Peter Bauman - Senior Associate at Tharpe &... on 8/21/2012

Many business contracts include “fee-shifting” provisions which require the losing party in any breach of contract litigation to pay attorneys fees incurred by the prevailing party. The financial risk of being liable for...more

Condo Directors Held Personally Liable for Legal Costs - A Follow-up

by Heenan Blaikie LLP on 8/2/2012

In response to our recent post on the case of Boily v. Carleton Condominium Corp. No. 145, where board directors were held by a court to be personally responsible for legal costs incurred by a group of owners, one of our...more

Digital Risk Management Strategies For Business

by Tharpe & Howell, LLP on 7/27/2012

Ensuring that key business data survives unexpected events is vital for businesses large and small. That’s why every business should have a plan in place to ensure the availability of its data when manmade or natural...more

Seventh Circuit Compels Coverage Under D&O Policy Despite “Insured vs. Insured” Exclusion

by BuckleySandler LLP on 7/11/2012

On June 29, the U.S. Court of Appeals for the Seventh Circuit directed a D&O insurance provider to cover certain claims against defendants insured under the same policy as some plaintiffs despite an “insured vs. insured”...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

A Short Primer On The Personal Profit Exclusion

by Zelle Hofmann Voelbel & Mason LLP on 5/24/2012

Originally published in Insurance Law360 on May 24, 2012. Many liability insurance policies — including directors and officers (D&O), errors and omissions (E&O) and professional liability policies — contain exclusions...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

You Can't Insure What's Not Yours: NY Court Determines SEC Disgorgement Payment Not Insurable Loss as Matter of Public Policy

by Sedgwick LLP on 2/2/2012

New York's Appellate Division, First Department In J.P. Morgan Securities, Inc. v. Vigilant Ins. Co., ___ N.Y.S.2d ___, 2011 WL 6155586 (N.Y. App. Div. Dec. 13, 2011), New York's Appellate...more

"Stay Cool" Response Does Not Reject Carrier's Proposed Defense Arrangement

by Sedgwick LLP on 12/29/2011

In Endurance American Specialty Co. v. Lance-Kashian & Co., 2011 WL 5417103 (E.D.Cal. Nov. 8, 2011), the District Court held that an insurer properly allocated defense costs and set reasonable defense counsel rates. ...more

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Business Torts › Business Organization › Insurance

Business Interruption Insurance

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

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

New York Court Holds Professional Services Exclusion Applicable

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

MARYLAND TITLE COMPANY CAN BE LIABLE IN NEGLIGENCE FOR TITLE SEARCH ERRORS

Case Highlights Need for Waiver of Subrogation Between Additional Insureds

Insuring Your Business -- December 2012

Duty Of An Insurer To Defend An Additional Insured

Top 10 Business Litigation Mistakes

Contract Litigation Insurance A Valuable Tool For Business

Sixth Circuit Holds Excess Insurer’s Coverage Obligations Not Triggered

Insurance Coverage For Long Tail Injuries In California

Digital Risk Management Strategies For Business

Contract Litigation Insurance A Valuable Tool For Business

Contract Litigation Insurance A Valuable Tool For Business

Condo Directors Held Personally Liable for Legal Costs - A Follow-up

Digital Risk Management Strategies For Business

Seventh Circuit Compels Coverage Under D&O Policy Despite “Insured vs. Insured” Exclusion

7th Circuit Addresses Insured vs. Insured Exclusion

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

A Short Primer On The Personal Profit Exclusion

FDIC Claims Against Directors and Officers of Failed Banks

You Can't Insure What's Not Yours: NY Court Determines SEC Disgorgement Payment Not Insurable Loss as Matter of Public Policy

"Stay Cool" Response Does Not Reject Carrier's Proposed Defense Arrangement

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