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Florida Court Allows Rescission of a Professional Liability Policy

In its recent decision in Zurich American Ins. Co. v. Diamond Title of Sarasota, Inc., 2013 U.S. Dist. LEXIS 170981 (M.D. Fla. Dec. 4, 2013), the United States District Court for the Middle District of Florida had occasion to...more

Goldman Ordered to Advance Defense Fees for Former Employee Accused of Stealing Computer Codes

On October 16, 2013, the U.S. District Court for the District of New Jersey, in Aleynikov v. The Goldman Sachs Group, Inc., found that a former vice president and computer programmer was an “officer” of Goldman Sachs & Co.,...more

Insurance Coverage: September 2013

After several years, the Supreme Court has spoken on the issue of whether or not a claim under the Fair Claims Regulations can be “bootstrapped” into litigation through a claim for violation of the Unfair Competition Laws. In...more

SEC’s Shift in No-Admit-or-Deny Policy Would Create Dilemma for Defendants if Applied in Close Cases

Last Tuesday, new SEC Chairman Mary Jo White said at The Wall Street Journal’s annual CFO Network Event that the SEC “in certain cases” will seek admissions of liability as part of settlements. The statement made headlines,...more

Weekly Law Resume - June 6, 2013: Insurance Coverage – Insurance Code Section 533(b) and Defense of Criminal Complaints

Mt. Hawley Insurance Company v. Richard R. Lopez, Jr. - Court of Appeal, Second District (May 1, 2013) - Insurance Code Section 533 provides that an insurer is not liable for willful acts of an insured, and thus is...more

There is No Coverage for Fighting in Alaska, Seriously

Late last month, the Supreme Court of Alaska affirmed the lower court’s decision in favor of an insurance company that denied coverage to insured, Kent Bearden, for liability in a civil suit filed by the victim of his...more

Service of Subpoenas on Syracuse University Seeking Evidence of Sexual Molestation is a “Claim” Giving Rise to Covered Defense...

In Syracuse University v. National Union Fire Insurance of Pittsburgh, PA, No. 2012EF 63 (Sup. Ct., Onondaga County, January 29, 2013), the New York Supreme Court, County of Onondaga, held that an insured’s costs incurred in...more

Looking Back on Appeals That Made a Difference

Originally published in the New York Law Journal on March 6, 2013. Almost 50 years have elapsed between my first and most recent appearance before the New York Court of Appeals and a recent LEXIS search shows I...more

Orrick's Policy Observer - October 2012

The Observer highlights significant developments in insurance recovery and risk management. In This Issue: - State of California v. Continental Insurance: Opinion Holds Insurers to Their Words - Sixth...more

Qui Tam Relator Not Original Source; U.S. ex rel. Repko v. Guthrie Clinic

In U.S. ex rel. Repko v. Guthrie Clinic et al., the Third Circuit recently ended an attempt by Rodney Repko, former general counsel and executive vice president for Guthrie Healthcare System and its related entities, to bring...more

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

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

No Duty to Defend Wrongful Death Action Where Death Was Classified as a Homicide

In Galvani v. Tokio Marine and Nichido Fire Ins. Co., Ltd., 2012 WL 2568220 (N.D. Cal. July 2, 2012), the district court entered summary judgment for a homeowner’s insurer on the grounds that it had no duty to defend an...more

RI Court Holds No Coverage for Criminal Proceedings Involving Nightclub Tragedy

In its recent decision in Derderian v. Essex Insurance Company, 2012 R.I. LEXIS 54 (R.I. Apr. 27, 2012), the Supreme Court of Rhode Island had occasion to consider whether under a general liability policy, an insured was...more

Protecting Your Rights After a DWI/DUI in Louisiana

Attorney Seth Bloom explains how to handle the events surrounding an arrest for DUI or DWI in the State of Louisiana....more

California Appellate Court Affirms Trial Court's Order Holding Putative UCL Class Should Not Be Certified

In a decision published October 26, 2009, a unanimous panel of the Fourth Appellate District, Division Three, affirmed the trial court’s order denying class certification in a case handled by Barger & Wolen, Kaldenbach v....more

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