In a new letter to all financial institutions supervised by the Board of Governors of the Federal Reserve System, the Federal Reserve cautioned directors and officers about the potential limitations of director and officer...more
Despite Prior Suits, Policyholder Entitled to Coverage for DOJ Investigation -
Why it matters: A policyholder was entitled to coverage for a Department of Justice (DOJ) investigation despite already facing possibly...more
11/5/2015
/ Advertising Injury ,
Applications ,
Breach of Contract ,
Breach of Duty ,
Commercial General Liability Policies ,
Construction Defects ,
Copyright ,
Copyright Infringement ,
Covenant of Good Faith and Fair Dealing ,
Cross Motions ,
D&O Insurance ,
Denial of Insurance Coverage ,
Department of Justice (DOJ) ,
Discovery ,
Duty to Defend ,
Food Recalls ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Heinz ,
Injunctive Relief ,
Insurance Litigation ,
Motion for Reconsideration ,
Motion for Summary Judgment ,
Omissions ,
Policy Exclusions ,
Policy Limits ,
Qui Tam ,
Right to Control ,
Trademark Infringement ,
Travelers ,
Treble Damages ,
Unfair Competition
Good News for Corporate Policyholders: Insurer Cannot Refuse Coverage Based on Insured's Assignment of Rights Under Policies After Loss Has Occurred -
Why it matters: Reversing its holding in a 2003 case, the Supreme...more
8/28/2015
/ Abatement ,
Asbestos Litigation ,
Attorney's Fees ,
Bad Faith ,
CA Supreme Court ,
Carbon Emissions ,
CERCLA ,
Clean Air Act ,
Commercial General Liability Policies ,
Consent Decrees ,
Consent to Assignment ,
Cumis Counsel ,
D&O Insurance ,
Duty to Defend ,
Environmental Protection Agency (EPA) ,
Environmental Remediation Costs ,
FDIC ,
Fluor ,
Hartford Casualty Ins. ,
Hartford Insurance Company ,
Indemnification ,
Insurance Litigation ,
Insureds ,
Liberty Mutual Insurance Company ,
Mitigation ,
Policy Exclusions ,
Receivership
California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim -
Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more
7/16/2015
/ Appeals ,
Bad Faith ,
Breach of Contract ,
CERCLA ,
Commercial General Liability Policies ,
Counterclaims ,
D&O Insurance ,
Declaratory Relief ,
Duty to Defend ,
Duty to Settle ,
Environmental Protection Agency (EPA) ,
Homeowner's Insurance ,
Homeowners Association (HOA) ,
Insurance Industry ,
Insurance Litigation ,
Insureds ,
Motion to Dismiss ,
Policy Exclusions ,
Policy Limits ,
Potentially Responsible Party (PRP) ,
Scope of Coverage ,
Scope of the Claim ,
Summary Judgment ,
TX Supreme Court
No Policy? No Problem, The First Circuit Rules In A Coverage Dispute -
Why it matters: This case addresses the standard for pleading a missing insurance policy where the alleged insured, a private educational...more
6/22/2015
/ Commercial General Liability Policies ,
Commercial Insurance Policies ,
D&O Insurance ,
E&O Policies ,
Exclusions ,
Insurance Industry ,
Investment Adviser ,
Lloyds of London ,
Policy Exclusions ,
Ponzi Scheme ,
Restaurant Industry
No Policy? No Problem, The First Circuit Rules In A Coverage Dispute -
Why it matters: This case addresses the standard for pleading a missing insurance policy where the alleged insured, a private educational...more
California Appellate Court: All Claims “Arising From” Ponzi Scheme Are Precluded -
Why it matters: Concluding that any claims related to a Ponzi scheme—even if they involved different investors, investments, or...more
5/7/2015
/ Appeals ,
Arbitration ,
Broker-Dealer ,
Claims Made Policy ,
Class Action ,
D&O Insurance ,
GA Supreme Court ,
Insurance Litigation ,
Investment Adviser ,
Liability Insurance ,
Policy Exclusions ,
Ponzi Scheme ,
Workplace Injury
Insured v. Insured Exclusion Ambiguous When Applied to FDIC, 11th Circuit Rules -
Why it matters:
In the continuing split among courts considering insured v. insured exclusions, the Eleventh U.S. Circuit Court...more
1/14/2015
/ Appeals ,
Banks ,
Class Action ,
Counterclaims ,
D&O Insurance ,
Duty to Cooperate ,
Duty to Defend ,
Excessive Fees ,
FDIC ,
Litigation Fees & Costs ,
Policy Exclusions ,
Reservation of Rights ,
US Bank
Why it matters -
In the latest decision to weigh in on the scope of the Insured v. Insured exclusion, a California court has held that it is ambiguous as applied to suits brought by the FDIC, and therefore does not...more
Court’s Decision Prompts Policyholders to Seek Defense Quickly or Risk Awaiting Conclusion of Coverage Action to See Reimbursement -
Why it matters:
A policyholder who does not act promptly to seek advancement...more
10/23/2014
/ AIG ,
Attorney's Fees ,
Banks ,
Choice-of-Law ,
D&O Insurance ,
Duty to Defend ,
FDIC ,
Insurance Industry ,
Late Notices ,
Policy Exclusions ,
Voluntary Payments
D&Os Entitled to Unfettered Access to Bankrupt Company’s Policy Proceeds to Fund Defense Costs:
Why it matters -
In an important victory for directors and officers of a bankrupt company, a New York court...more
9/26/2014
/ Bad Faith ,
Commercial Bankruptcy ,
Commercial General Liability Policies ,
Corporate Officers ,
D&O Insurance ,
Directors ,
Excess Policies ,
Litigation Fees & Costs ,
Reservation of Rights ,
Securities Litigation ,
TCPA
Washington Supreme Court Rules That It Was Error To Delay Adjudication Of Insurer’s Duty To Defend, But Should Stay Discovery As To Insurer’s Coverage Defenses -
Why it matters:
The Washington Supreme Court...more
Second Circuit: Insurer Must Defend Where Factual Allegations Create a Possibility of Coverage -
Why it matters:
In a recent pro-policyholder decision, the Second Circuit, applying New York law, reminded...more
Policyholder Entitled to Select Counsel, Even Where Insurer Withdrew Reservation of Rights -
Why it matters:
An insured dissatisfied with counsel selected by its insurer was entitled to select counsel of its...more
Courts Hold that Involvement of Lawyers Insufficient Basis to Withhold Routine Insurer Fact Investigations Materials:
Why it matters -
These cases confirm that insurers cannot hide claims-handling and similar...more