In Verizon Communications Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa. the Delaware Superior Court ruled that Verizon was entitled to a defense under its D&O policy for fraudulent transfer claims. Although the...more
6/4/2021
/ Commercial Bankruptcy ,
Corporate Counsel ,
D&O Insurance ,
Debtors ,
Defense Costs ,
Denial of Insurance Coverage ,
Derivative Suit ,
Fraudulent Transfers ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms ,
Securities Fraud ,
Subsidiaries ,
Verizon
Nonprofit organizations—and their directors and staff—are not immune to claims in difficult economic times. Identifying risks and choosing the right insurance can be critical to the organization’s mission and financial...more
Two phrases combined in a single exclusion—“alleging, arising out of, based upon or attributable to any violation of any law…” and “as respects… unfair trade practices” could inspire carriers to make trouble for policyholders...more
2/3/2021
/ Admissible Evidence ,
Class Action ,
Consumer Protection Laws ,
D&O Insurance ,
Denial of Insurance Coverage ,
False Advertising ,
Insurance Claims ,
Insurance Litigation ,
Policy Exclusions ,
Unfair Competition Law (UCL) ,
Unfair or Deceptive Trade Practices
As companies scramble to mitigate losses arising from government shelter-in-place directives intended to halt the spread of the COVID-19 virus, the insurance world has focused on business interruption coverage disputes and...more
4/15/2020
/ Best Practices ,
Coronavirus/COVID-19 ,
Corporate Governance ,
D&O Insurance ,
Derivative Suit ,
Indemnity ,
Notice Requirements ,
Policy Exclusions ,
Policy Terms ,
Representations and Warranties ,
Securities Litigation
Over the last few weeks we have seen a number of informative articles discussing the crucial issue of coverage for business interruption claims arising out of government shutdowns of businesses to inhibit the spread of...more
On January 15, 2019, the Ninth Circuit certified the following question to the California Supreme Court:
Does a commercial liability policy that covers “personal injury,” defined as “injury… arising out of… [o]ral or...more
I recently participated in a panel at the Association of Business Trial Lawyers Annual Meeting – “Bad News Delivered: The Board Meeting and Crisis Management.” Among other topics, the panel discussed the role of insurance...more
I recently participated in a negotiation with an insurer who had denied coverage for an underlying errors and omissions claim in the mid-seven figures. The insurer’s counsel and I exchanged stern letters, each explaining why...more
Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of...more
Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of...more
Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of...more
Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of...more
Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of...more
Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of...more
Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of...more
For decades, California courts have mandated that an insurer is obligated to accept a “reasonable” settlement demand within policy limits on behalf of its insured. If it fails to do so, it is liable for the entire judgment,...more
5/25/2017
/ Claims Adjusters ,
Deadlines ,
Duty to Settle ,
Email ,
Fiduciary Duty ,
GEICO ,
Good Faith ,
Insureds ,
Insurer Liability ,
Jury Trial ,
Negligence ,
Policy Limits ,
Settlement Offer
In what it described as a case of first impression, the Northern District of California ruled that a professional liability policy that excluded the insured’s “assumption of liability obligations in a contract or agreement”...more
8/31/2016
/ Breach of Warranty ,
Business & Professions Code ,
Class Action ,
CLRA ,
Corporate Counsel ,
Declaratory Relief ,
DNA ,
False Advertising ,
Indemnity Agreements ,
Policy Exclusions ,
Professional Liability Insurance ,
Reservation of Rights ,
Summary Judgment
No one insurance policy covers all liability risks. Risk managers expect to purchase several types or layers of insurance to cover different types of insurance liabilities, to provide sufficient limits for a catastrophe loss,...more
An automatic stay in bankruptcy prevents anyone from accessing the property of the debtor estate, including the directors’ and officers’ liability (D&O) policies which insure individual directors and officers of the estate as...more