News & Analysis as of

Errors and Omissions Policy D&O Insurance

Mitchell, Williams, Selig, Gates & Woodyard,...

Insuring Innovation: Protecting Your Organization in the Age of Generative AI

The decision to integrate Generative AI (“GAI”) into an organization is one that occupies significant space these days in many corporate board rooms. In today’s rapidly evolving business landscape, the adoption of GAI...more

Morrison & Foerster LLP

SEC Adopts Expansive Private Fund Adviser Rules

On August 23, 2023, the SEC adopted new rules and amendments to existing rules (collectively, the “New Rules”) under the Investment Advisers Act of 1940 (the “Advisers Act”). The New Rules are designed to increase...more

Ervin Cohen & Jessup LLP

Traps for the Unwary: Reporting Requirements Under Liability Policies

Companies reporting liability insurance claims need to be aware that the pertinent rules vary depending on whether a policy is “claims made and reported” or “occurrence”. Most, if not all, Directors and Officers and Errors...more

Woodruff Sawyer

What Prevails, Business Judgment Rule or Donor Intent?

Woodruff Sawyer on

The daughters of Paul Newman recently sued the Newman’s Own Foundation to their annual control of $400,000 of funds for donation.Paul Newman created the foundation to give away all royalty rights from the sale of Newman’s Own...more

Woodruff Sawyer

Managed Care Organization (MCO) Insurance Trends: Expect Another Year of Double-Digit Rate Increases

Woodruff Sawyer on

The market for “signature risks” in the managed care organization (MCO) sector—errors and omissions (E&O), directors and officers (D&O), and cyber—remains hard, with double-digit rate increases being the norm for the fifth...more

Esquire Deposition Solutions, LLC

On COVID-19 Insurance Coverages: We Haven’t Seen Anything Yet

No doubt you’ve seen the Farmers Insurance ads claiming, “We know a thing or two because we’ve seen a thing or two.” Most describe insurance claims paid on foreseeable calamities caused by familiar animals — bears, deer,...more

Bowditch & Dewey

Extending Liability Coverage By Providing Notice of Circumstances

Bowditch & Dewey on

Litigation concerning COVID-19 has already begun. A number of lawsuits have been filed against cruise lines alleging that they were negligent by operating with infected passengers and crew members and failing to screen...more

Payne & Fears

Is Your Business Insured for the Coronavirus?

Payne & Fears on

How bad will the pandemic get? How much will it spread in the United States? Will we develop a vaccine in time to do any good? As insurance lawyers, we have no idea. But we can help you figure out whether your business is...more

Jones Day

Time for a Policy Checkup: Maximizing Insurance Coverage for Coronavirus Losses

Jones Day on

The Situation: Declared a global health emergency by the World Health Organization, and with more than 17,000 cases already confirmed worldwide, preliminary estimates indicate that the latest coronavirus outbreak may not peak...more

Pillsbury - Policyholder Pulse blog

Contractual Liability Exclusion Excised from E&O Policy for Professional Services Company

In an important decision in the world of professional liability (including D&O and E&O policies), the Seventh Circuit recently held that a “contractual liability” exclusion—i.e., an exclusion for claims “based upon or arising...more

Carlton Fields

Cow Manure Meets Insurance Law: Seventh Circuit Addresses Breach of Contract Exclusions in Malpractice Insurance

Carlton Fields on

Errors and omissions (E&O) and directors and officers (D&O) professional liability insurance policies commonly contain breach of contract endorsements that exclude coverage for claims “based upon or arising out of” a breach...more

Pillsbury - Policyholder Pulse blog

Allocation Clauses in D&O and E&O Policies – Traps for the Unwary

Some of the biggest pitfalls for policyholders lie camouflaged among seemingly “standard” policy conditions—often overlooked during the procurement or renewal process. This is especially true of allocation clauses, found most...more

Pillsbury Winthrop Shaw Pittman LLP

Cyberattacks Are the New Norm - How to respond and get insurance recovery for government investigations.

Takeaways - Companies that suffer cyberattacks can expect not sympathy but scrutiny from legal authorities. - D&O insurance can cover not only litigation but also investigation costs. - Strategic negotiation of...more

Cozen O'Connor

When is Rescission Based Upon Material Misrepresentations The Proper Course of Action?

Cozen O'Connor on

Carriers rely on application representations regarding the existence of potential claims. Sometimes, the carrier learns after the fact that an applicant may not have reported all known potential claims. What can/should the...more

Pillsbury Winthrop Shaw Pittman LLP

When Attorneys General Attack: AGs’ Aggressive Investigation of Climate Change Disclosures, and Getting Your Insurer to Provide...

Who’s afraid of New York’s Martin Act? Right now, a lot of Wall Street and energy industry companies, that’s who. Why are they concerned about the Martin Act? Because it grants the New York State Office of the Attorney...more

Bryan Cave Leighton Paisner

Insurance Coverage and the Telephone Consumer Protection Act

The past several years have seen an explosion in class action cases brought under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C 227. The TCPA generally restricts telemarketing phone calls and the use of automated...more

Farella Braun + Martel LLP

5 Insurance Tips for Emerging Companies

When a new company moves to secure funding and formalize operations, insurance is often an afterthought. But with a bit of effort, emerging companies can obtain strong insurance protection, maximize their existing coverage,...more

Farella Braun + Martel LLP

Insurance for Emerging Companies: Understand the Application You Are Signing

This is the second post in our series regarding coverage issues affecting emerging companies. This post addresses the insurance application process. The application is a critical part of the process because insurance...more

Pillsbury Winthrop Shaw Pittman LLP

Perspectives on Insurance Recovery

Welcome to the latest edition of Pillsbury’s Perspectives on Insurance Recovery. As this 2015 edition of Perspectives demonstrates, our team is working on the most challenging issues—from cyber-insurance and complex claims...more

King & Spalding

How to Protect Your Company’s Bottom Line Against Data Breach Losses Through Insurance

King & Spalding on

In the wake of what seems to be daily announcements of new data security breaches and increased regulatory oversight over company information security and privacy practices, companies are looking for ways to minimize risks...more

K&L Gates LLP

Five Steps To Data Breach Coverage For Card Issuer Liability

K&L Gates LLP on

Target’s $19 million settlement with MasterCard underscores very significant sources of potential exposure that often follow a data breach incident. In the wake of any significant breach involving payment cards, such as the...more

King & Spalding

Maximizing Insurance Coverage for CFPB Investigations and Enforcement Actions

King & Spalding on

Seven years removed from the 2008 financial crisis, an increasing number of financial institutions are now finding themselves in the crosshairs of the Consumer Financial Protection Bureau (“CFPB”), a new federal agency...more

Bradley Arant Boult Cummings LLP

Are You Covered When the CFPB Comes Calling? Protecting Insurance Coverage for CFPB Investigation Defense and Settlement Costs

Receiving a Consumer Financial Protection Bureau (CFPB) Civil Investigative Demand or Proposed Action, Response Request (PARR) letter is never good news. However, that news can become significantly worse if you discover, to...more

McNees Wallace & Nurick LLC

Insuring Your Business -- June 2013

In This Issue: How Long Should I Keep My Insurance Policies? and Coverage Spotlight: Contract Litigation Insurance. Excerpt from How Long Should I Keep My Insurance Policies? - Policyholders often ask,...more

McNees Wallace & Nurick LLC

How Long Should I Keep My Insurance Policies?

Policyholders often ask, “How long should I keep my insurance policies?” Is it three years? Seven years? The short answer is none of the above. Here are some brief recommendations regarding document retention for insurance...more

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