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California Supreme Court: CGL Policies Permit "Vertical Exhaustion" for Long-tail Continuous Injuries

In a recent decision, the California Supreme Court reaffirmed a policyholder's right to reach excess liability coverage by providing key guidance as to the proper exhaustion method for continuous injury claims spanning...more

What About Your Suppliers? Insuring Against Climate Risks to Your Supply Chain

More than 20 storms—11 of which will become hurricanes, and 5 of which will become Category 3 or greater hurricanes. That's one prediction for the Atlantic hurricane season. Not to worry, you say. Your operations are located...more

Ninth Circuit Rejects Insurer's Attempt to Apply D&O Policy's "Insured vs. Insured" Exclusion to Defeat Coverage

The Ninth Circuit recently affirmed a lower court's ruling that a Directors and Officers Liability ("D&O") insurer had a duty to defend against a lawsuit brought by investors in an insured's commercial development project. In...more

Evaluating Directors and Officers Liability Coverage for Emerging ESG-Related Risks

With intensifying demands from regulators, investors, and the public for attention to environmental, social, and governance ("ESG") issues, companies are increasingly focused on ESG considerations and initiatives. Not...more

Policyholders Should Not Overlook Traditional Policies in Evaluating Coverage for Cryptocurrency-Related Risks

Introduction - Cryptocurrency, such as Bitcoin, is a decentralized and exclusively virtual currency that is secured through cryptography. Companies using or investing in cryptocurrency face various risks, such as market...more

Federal Court Rejects Application of D&O Policy's "Bump-Up" Exclusion to Merger Litigation

Directors and Officers Liability ("D&O") insurers often attempt to rely on so-called "bump-up" exclusions in their policies as a categorical bar to the indemnification of claims arising from mergers and acquisitions entered...more

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