News & Analysis as of

E&O Insurance D&O Insurance

Carlton Fields

Second Circuit Weighs in on Scope of Business Enterprise Exclusion, Finds It Bars Coverage for Legal Malpractice Suit

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Directors and officers (D&O) and errors and omissions (E&O) policies often contain “capacity” limitations, which restrict coverage to claims against the insured alleging acts undertaken by the insured in his or her insured...more

Woodruff Sawyer

Insurance for a Private Trust Company: 4 Common Policies

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If I own or manage a private trust company (PTC), what insurance do I need? This is a great question and, as in many situations, the answer is that it depends. It depends on whether a public trust company is involved, whether...more

Woodruff Sawyer

Understanding and Protecting Trusts in An Evolving Regulatory Landscape

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Family Offices that serve high-net-worth individuals have been in recent global headlines as governments target them in an effort to tax corporate and individual gains....more

Orrick, Herrington & Sutcliffe LLP

New Insurance Disclosure Law in New York Impacts Pending and Future Litigation (UPDATED)

On December 31, 2021 New York Governor Kathy Hochul signed into law the Comprehensive Insurance Disclosure Act (the “Act”), placing significant burdens on defendants in litigation. Under the Act defendants must produce...more

Orrick, Herrington & Sutcliffe LLP

New Insurance Disclosure Law in New York Impacts Pending and Future Litigation (UPDATED)

On December 31, 2021 New York Governor Kathy Hochul signed into law the Comprehensive Insurance Disclosure Act (the “Act”), placing significant burdens on defendants in litigation. Under the Act defendants must produce...more

Orrick, Herrington & Sutcliffe LLP

New Insurance Disclosure Law in New York Impacts Pending and Future Litigation

On December 31, 2021 New York Governor Kathy Hochul signed into law the Comprehensive Insurance Disclosure Act (the “Act”), placing significant burdens on defendants in litigation. Under the Act defendants must produce...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Do You Accept Insurance? A Practitioner’s Guide To Coverage Issues In White Collar Cases

Consider a hypothetical in which a defense attorney receives an urgent telephone call from one of her firm’s long-standing clients, a diagnostic imaging center with several locations in the tri-state area that just received a...more

Neal, Gerber & Eisenberg LLP

NGE On Demand: Insurance and Indemnity Issues for Family Offices with Angela Elbert

NGE Insurance Policyholder partner Angela Elbert presents an overview for family office clients addressing the unique range of personal, commercial, financial and investment risks they face. If you have any questions,...more

Wiley Rein LLP

Excess E&O Insurer Must Reimburse Defense Expenses Pending Resolution of Insured’s Coverage Dispute with Primary D&O Insurer

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The United States District Court for the District of Kansas, applying Kansas law, has held that an excess E&O insurer was required to advance defense costs where coverage under a potentially responsive D&O policy had not yet...more

Robins Kaplan LLP

Facing Novel Legal Issues Concerning Facial Recognition Technology in 2020

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Today, Facial Recognition Technology Is Everywhere. As It Invades Every Aspect Of Our Lives, Shutdown Or Not, Technological Advances, News Coverage, And Legal Approaches Concerning Such Technology Continue To Expand And...more

Proskauer Rose LLP

A Fund Managers’ Guide to Maximizing D&O and E&O Insurance Coverage

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As the economic impact of COVID-19 continues to reverberate across all global industries, there is an increased risk of claims being asserted against private fund managers, their funds and portfolio companies, as well as key...more

Goodwin

Insurance Considerations in Light of COVID-19

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In the recent weeks our risk management team has identified a number of insurance-related issues relevant to clients dealing with the outbreak of the disease caused by the novel coronavirus, known as COVID-19, that we felt...more

Snell & Wilmer

Commercial Impact From the Coronavirus Outbreak – Review Force Majeure and Material Adverse Change Clauses, and Potential...

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Businesses across a wide range of industries are grappling with how to address the practical and legal concerns that have been created by the COVID-19/coronavirus outbreak. Businesses have started asking when and how they...more

Pillsbury Winthrop Shaw Pittman LLP

COVID-19 Insurance Checklist

Make an inventory of risk pathways that could affect your business. Identify essential supply chains, raw materials or parts providers and service providers to assess impact of potential disruptions....more

JD Supra Perspectives

What Types of Insurance for Startups? Consider Your Risks and Liabilities

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Attorneys at White and Williams explain the types of insurance new businesses should consider, based on risk and liabilities. ...more

Carlton Fields

Six Degrees Of Separation: Eleventh Circuit Upholds a Broad ‘Related Claims’ Provision

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“Related Claims” provisions in directors and officers (D&O) and errors and omissions (E&O) policies, while common, can spawn disagreement as to scope and application. ...more

Carlton Fields

Drawing A Line In The Sand: The Second Circuit Tries To Define Where D&O Coverage Ends And E&O Coverage Begins

Carlton Fields on

Policyholders often obtain both errors and omissions (E&O) and directors and officers (D&O) liability insurance policies because they provide complementary coverage. ...more

Goodwin

2016: The Year of Cyber Insurance?

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It has been said that there are two types of companies in the world – those that have been hacked, and those that do not yet know they have been hacked. While perhaps an overstatement, it seems that every day, another company...more

King & Spalding

Avoid the “Insolvency Exclusion” Trap in E&O Policies: Tennessee Federal Court Confirms That Insolvency Exclusion Does Not Apply...

King & Spalding on

As the wave of litigation spawned by the 2008 financial crisis begins to ebb, insurance-coverage litigation arising out of the credit crisis continues unabated. Financial institutions have successfully pursued insurance...more

K&L Gates LLP

Insurance Coverage for CFPB Investigations and Enforcement Actions

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Many companies and individuals that are facing investigations or subsequent enforcement actions by the Consumer Financial Protection Bureau (“CFPB”) will be forced to incur substantial sums to defend such claims, to settle...more

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