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
Reversing the New York Appellate Division, First Department, the New York Court of Appeals, in a 6–1 landmark decision, held that a $140 million disgorgement payment is an insured "loss," after a long history of insurance...more
12/3/2021
/ Bear Sterns ,
Denial of Insurance Coverage ,
Disgorgement ,
E&O Insurance ,
Insurance Claims ,
Insurance Litigation ,
Liability Insurance ,
Loss Coverage ,
Penalties ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Settlement Agreements ,
Wrongful Acts
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
In a significant victory for policyholders, the United States District Court for the District of Maryland recently determined that certain ransomware-related losses are covered under language commonly found in traditional...more
The Situation: Businesses are increasingly at risk of social engineering crimes, and often their commercial insurance policies do not provide the full protection that they expected.
The Result: Three recent decisions...more
With Hurricane Harvey having pummeled much of the Texas Gulf Coast, businesses will soon look to secure insurance recoveries for the estimated billions of dollars in property damage and business income losses left in its...more
8/31/2017
/ Attorney's Fees ,
Business Interruption ,
Claim Procedures ,
Denial of Insurance Coverage ,
Flood Insurance ,
Homeowners ,
Hurricane Harvey ,
Insurance Claims ,
Interest Rate Adjustments ,
Natural Disasters ,
New Legislation ,
Post-Judgment Interest ,
Property Damage ,
Property Insurance ,
Property Owners ,
Reporting Requirements ,
Severe Weather ,
Written Notice