Civil Remedies Business Organization Insurance

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

Texas' Atty Fee Statute — Elevating Form Over Substance?

Texas follows the American Rule, which provides that litigants may recover attorneys' fees only if specifically provided for by contract or statute. One such statute — Section 38.001 of the Texas Civil Practice Remedies Code...more

First Circuit Holds That AIG Must Defend Directors and Officers in FDIC Litigation

What you need to know: The United States First Circuit Court of Appeals recently held that an insured versus insured exclusion did not exempt AIG from advancing defense costs under a D&O policy in a suit brought...more

Insurance Company that Issues Liability Policy does not need to Defend Insured Party Against a Non-Financial Claim

In San Miguel Community Association v. State Farm General Insurance Company (2013) 220 Cal.App.4th 798), a third party's failure to seek compensatory damages against an insured rendered their dispute exempt from the insured’s...more

J.P. Morgan Decision Curtails the Phantom “Restitution Defense” to D&O Coverage

In a case closely watched by industry observers, the New York Court of Appeals, in J.P. Morgan Securities v. Vigilant Insurance Company, No. 113 (NY, June 13, 2013), issued an important ruling in the field of directors and...more

California Court Holds That Historical Insurance Coverage Forms “One Giant Uber-Policy”

Corporate policyholders seeking insurance coverage for “long-tail” claims in California and elsewhere have reason to cheer. On August 9, 2012, the California Supreme Court granted corporate policyholders the right to...more

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

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

Condominium and New Home Warranties and Rights of Action

Construction defect issues diminish both the value and enjoyment of homeownership, and are significant problems for homeowners and their associations, as well as potential sources of liability for developers and builders. And...more

Pennsylvania Court Considers Coverage for Gerry Sandusky Under D&O Policy

In its recent decision in Federal Ins. Co. v. Sandusky, 2012 U.S. Dist. LEXIS 76880 (M.D. Pa. June 4, 2012), the United States District Court for the Middle District of Pennsylvania had occasion to consider whether a D&O...more

7th Circuit Holds No Coverage for Restitution Claim Under D&O Policy

In its recent decision in Ryerson Inc. v. Federal Ins. Co., 2102 U.S. App. LEXIS 7372 (Apr. 12, 2012), the United States Court of Appeals for the Seventh Circuit, applying Illinois law, had occasion to consider whether an...more

Who is responsible to repair and pay for flood damage in a condominium unit?

We were recently asked to provide advice following a flood in a condominium unit. The condominium corporation was surprised to hear that it may have the obligation to repair the unit despite the fact that the damage was...more

Insurance company not entitled to a jury trial during a hearing to determine whether an insured’s settlement with a claimant was...

Insurance company not entitled to a jury trial during a hearing to determine whether an insured’s settlement with a claimant was reasonable and not the product of fraud or collusion; appellate court upholds trial court’s...more

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

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

It's Not the Bark, it's the Bite: Why it's important to aggressively defend your business at any Regulatory Board Hearing

Many Arizona businesses have a regulatory agency, board or commission that governs their professional activity. These agencies adopt regulatory rules and, in the case of some agencies, prescribe minimum work...more

Will Insurance Cover California Wage and Hour Class Actions?

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

District Court Holds No D&O Insurance Coverage For Attorneys' Fees And Costs Incurred In Voluntary Response To SEC Investigation

In Office Depot, Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., No. 09-80554-CIV-MARRA, 2010 WL 4065416 (S.D. Fla. Oct. 15, 2010), the United States District Court for the Southern District of Florida recently...more

15 Results
|
View per page
Page: of 1

Follow Civil Remedies Updates on: