Policyholder Observer - March 7, 2012

The Observer highlights significant developments in insurance recovery and risk management

In This Issue:

- Into the Data-Security Breach: Risks, Liability, and Insurance Recovery for Companies and Their Directors

- Fifth Circuit’s Expansive Reading of Contractual Liability Exclusion Serves as a Reminder That How Corporate Transactions Are Structured Can Affect Coverage

- Massachusetts Federal Judge Dismisses Insurer’s Misrepresentation Claims in $650M Suit on Coverage for Mortgage-Backed Securities

- Update: Virginia Supreme Court Grants Rehearing in Global Warming Coverage Case

- West Virginia Trial Court Finds that Pollution Exclusion Does Not Bar Coverage for Claims Against Coal Company, Rejecting Insurers’ Argument That Policyholder’s Core Product Is a “Pollutant”

- New York Appellate Court Rules That an Insurer Cannot Delay Issuance of a Disclaimer on a Ground Known by the Insurer While Investigating Other Potential Grounds for Denial

- Utah Supreme Court Holds that Insurer Cannot Seek Reimbursement of Amounts Paid in Excess of Policy Limits to Settle a Judgment Against Its Insured

- Fourth Circuit Finds Coverage Under Commercial Package Insurance Policy For Defense Costs and Penalties Incurred in Wage-Hour Dispute

- The Home Insurance Company Proposes Interim Distribution

Please see full update below for more information.

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