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
On construction projects, it is common for the owners, general contractors, and subcontractors to execute various contracts requiring the parties to procure insurance and have other parties designated as additional insureds...more
On December 9, 2022, the U.S. District Court for the Southern District of New York considered whether an “insured v. insured” (IvI) exclusion applied to bar coverage for an underlying lawsuit brought against insureds under a...more
In SJ Computers LLC v. Travelers Casualty and Surety Company of America, the U.S. District Court for the District of Minnesota recently addressed the scope of insurance available for a phishing scheme under the terms of a...more
In Southwest Marine and General Insurance Co. v. United Specialty Insurance Co., the U.S. District Court for the Southern District of New York recently highlighted limitations in a common policy endorsement extending...more
In Options Clearing Corp. v. U.S. Specialty Insurance Co., the Delaware Superior Court addressed the scope of related or interrelated wrongful acts policy language in connection with SEC investigations and enforcement actions...more
In Helms v. Hanover Insurance Group Inc., the U.S. District Court for the District of Arizona weighed in on the issue whether a professional liability policy provided insurance for a fraudulent wire transfer. This decision is...more
On March 3, 2021, the Supreme Court of Delaware issued a significant decision in the D&O coverage space, RSUI Indemnity Co. v. Murdock, analyzing whether fraud claims against insureds were covered under an excess D&O policy...more
A common issue arising in the interpretation of both liability and first party property policies is the determination of whether one or more “occurrences” are involved in any given claim or loss. The resolution of this issue...more
Under Florida law, similar to that of other states, an insurer’s duty to defend is generally determined solely by the allegations found within the four corners of the complaint. Florida courts, however, recognize an exception...more
On July 30, 2020, the Eleventh Circuit Court of Appeals in AEGIS Electric & Gas International Services Ltd. v. ECI Management LLC reversed the trial court’s grant of summary judgment in favor of an insurer, AEGIS Electric &...more
The COVID-19 pandemic has swept the world, altering every aspect of daily life — whether it be a morning trip to the gym, a day at the office, a dinner at the Italian restaurant across the street, or a Friday night concert in...more
On August 26, 2019, the Eleventh Circuit Court of Appeals, applying Florida Law, held that ill-gotten gains do not constitute covered “loss” within the meaning of a D&O policy. In Philadelphia Indemnity Insurance Co. v. Sabal...more
11/19/2019
/ Appeals ,
Aviation Industry ,
Billing Rates ,
Commercial General Liability Policies ,
Corporate Executives ,
D&O Insurance ,
Denial of Insurance Coverage ,
Grand Theft ,
Indemnification ,
Insurance Claims ,
Insurance Litigation ,
Insurance Regulations ,
Municipalities ,
Policy Exclusions ,
Policy Terms ,
Premiums ,
Regulatory Violations ,
Reservation of Rights ,
Settlement Agreements ,
Summary Judgment ,
Workers' Compensation Claim ,
Wrongful Acts
Under New York law, a liability insurer is required to deny coverage for bodily injury resulting from an auto accident “as soon as is reasonably possible.” N.Y. Ins. Law § 3420(d)(2). The Second Circuit recently shed light on...more
On May 1, 2019, the U.S. District Court for the Middle District of Georgia held that a firearms exclusion in a general liability insurance policy applied to bar coverage for an underlying action arising from a shooting at the...more
5/3/2019
/ Ambiguous ,
Bodily Injury ,
Commercial General Liability Policies ,
Contract Interpretation ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Duty to Defend ,
Duty to Indemnify ,
Firearms ,
Insurance Industry ,
Interlocutory Appeals ,
Judgment on the Pleadings ,
Motion for Reconsideration ,
Negligence ,
Policy Exclusions ,
Reversal ,
Terms and Conditions ,
Wrongful Death
On March 11, 2019, the Georgia Supreme Court handed down an important decision in First Acceptance Insurance Company of Georgia Inc. v. Hughes, which further clarifies the circumstances under Georgia law for when an insurer...more
“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
Policyholders often obtain both errors and omissions (E&O) and directors and officers (D&O) liability insurance policies because they provide complementary coverage. ...more
As cyber hacking and phishing schemes become more common, one issue that is often raised is whether, and to what extent, damages resulting from these incidents fall within the coverage afforded under a standard commercial...more
12/22/2017
/ Commercial General Liability Policies ,
Corporate Counsel ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Declaratory Judgments ,
Duty to Defend ,
Insurance Industry ,
Insurance Litigation ,
Policy Terms ,
Popular
When (if ever) are an insurer’s attorney’s fees and billing information discoverable in a coverage dispute? Though the question is straightforward, the answer can vary from case to case and jurisdiction to jurisdiction. The...more
8/15/2017
/ Attorney's Fees ,
Denial of Insurance Coverage ,
Discovery ,
Insurance Industry ,
Insurance Litigation ,
Mandamus Petitions ,
Multidistrict Litigation ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Severe Weather ,
TX Supreme Court ,
Work-Product Doctrine
In the wake of the March 30 collapse of the I-85 bridge in Atlanta, Georgia Governor Nathan Deal declared a state of emergency calling for closure of both the northbound and southbound lanes of I-85 in Fulton County. A copy...more
4/3/2017
/ Bridges ,
Business Interruption ,
Civil Authority Coverage ,
Critical Infrastructure Sectors ,
Ingress/Egress ,
Insurance Industry ,
Loss of Income ,
Policy Terms ,
Property Insurance ,
State of Emergency ,
Transportation Corridor
The South Carolina Supreme Court recently took a firm stance on what constitutes a sufficient reservation of rights letter in Harleysville Group Insurance v. Heritage Communities, Inc., et al., — S.E.2d — , No. 2013-001281,...more