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Business Risk Exclusions

Dechert LLP

Caremark Claim Based on Business Risks Dismissed

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The Court of Chancery continues its consideration of whether a director or officer’s oversight duties, set forth in the seminal case of In re Caremark International Inc. Derivative Litigation and its progeny, apply to...more

White and Williams LLP

Massachusetts Federal Court Rejects Adria Towers, Finds Construction Defects Not an “Occurrence”

In an important ruling for insurers, U.S. District Court Judge Patti Saris found that Massachusetts does not follow the position taken in Cypress Point Condo Association v. Adria Towers, LLC, 226 N.J. 403, 418 (2016), i.e.,...more

Pullman & Comley, LLC

The Connecticut Supreme Court Expands Test for Insurer’s Duty to Defend an Insured Contractor

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Connecticut’s trend of liberal, policyholder-oriented insurance coverage decisions continued apace with the recent Connecticut Supreme Court decision, Nash Street, LLC v. Main Street America Assurance Company et al. ...more

Carlton Fields

The Hurricane is Coming in Five Days - Are We Ready for This?

Carlton Fields on

On August 24, 1992, Hurricane Andrew made landfall in Homestead, Florida as a Category 4 hurricane. At the time, it was the third most intense hurricane that ever struck the United States. Andrew had sustained winds of 149...more

Miller & Martin PLLC

BIZ BITS: Beware the Aggressively Lost

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My daughter is learning to drive. She’s doing great. Seriously. This morning on the way to church, she encountered a driver who was “Aggressively Lost.” We were at an intersection with two left-turn lanes, we were in the...more

Ruder Ware

Ambulatory Surgery Center Physician Exclusions - Reducing Risk of Forced Redemption of ASC Investment Interests

Ruder Ware on

Many surgery centers are eventually faced with decisions about how to treat investing physicians who do not perform as many procedures in the surgery center as others. Under performing physicians can create political issues...more

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