Mary McCutcheon at Farella Braun + Martel LLP

In Verizon Decision Careful Review of Insurance Policies Expands Coverage

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

[Webinar] Insurance for Nonprofits: Managing Risk in Risky Times - April 22nd, 3:30 pm - 5:00 pm PT

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

4/13/2021 / Board of Directors , Continuing Legal Education , Corporate Officers , D&O Insurance , Insurance Claims , Insurance Industry , Nonprofits , Risk Management , Webinars

“Unfair Trade Practices” Exclusion Does Not Extend to Consumer Protection Claims

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

D&O Liability Insurance in a Time of Financial Uncertainty

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

Directors & Officers Liability Issues and the Coronavirus: Is That a “Thing”?

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

3/19/2020 / Coronavirus/COVID-19 , Corporate Counsel , D&O Insurance , Infectious Diseases , Insurance Claims , Insurance Industry

Ninth Circuit Asks the California Supreme Court to Interpret the Scope of Personal Injury Coverage

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

3/13/2019 / CA Supreme Court , Class Action , Commercial General Liability Policies , Consumer Privacy Rights , Duty to Defend , Insurance Litigation , TCPA , Third-Party , Yahoo!

Insurance in a Time of Crisis: Role of Insurance Counsel in Crisis Management

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

10/19/2018 / Board of Directors , Claims Made Policy , Client Representation , Commercial Bankruptcy , Crisis Management , Defense Strategies , Duty of Loyalty , Fiduciary Duty , Insurance Claims , Insurance Litigation

A Policyholder Perspective on the Unique Challenges of a Three-Way Mediation

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

1/12/2018 / Insurance Claims , Insurance Litigation , Litigation Strategies , Mediation