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Delaware Public Policy Does Not Preclude D&O Insurance Coverage for Fraud

by Morris James LLP on

In Arch Insurance v. Murdock, (Del. Ch. Mar. 1, 2018), a D&O insurance coverage dispute, the state Superior Court’s complex commercial litigation division reasoned broadly to hold that, absent a contrary choice of law clause,...more

Washington Court of Appeals Confirms Insurers Need Not Pay Defense Costs Pending Determination of Reasonableness and Late Notice...

by Lane Powell PC on

For many years, Washington courts have offered insurers little guidance about how to handle disputes about late notice or the reasonableness of defense costs while defending under a reservation of rights. In a recent...more

Clashing Marijuana Laws Create Insurer Anxiety

by Zelle LLP on

As the majority of U.S. states move toward various degrees of legalization, marijuana remains illegal at the federal level. This dichotomy challenges courts to evaluate the validity of contracts, including insurance policies,...more

Insurance Coverage – Analysis of Professional Liability Exclusion

by Low, Ball & Lynch on

Energy Insurance Mutual Limited v. ACE American Insurance Company - Court of Appeal, First District (July 11, 2017) - This case involves an insurance coverage dispute arising from an explosion that occurred when an...more

Wrap-up: “Who is Winning the Securities Class Action War—Plaintiffs or Defendants?”

I am grateful for the enthusiastic feedback I’ve received on my three-part blog post “Who is Winning the Securities Class Action War—Plaintiffs or Defendants?” I especially appreciate the time Kevin LaCroix took to write a...more

Torts & Insurance Cases from the 4th Circuit Court of Appeals

by Nexsen Pruet, PLLC on

Each month, Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts &...more

Who Is Winning the Securities Class Action War—Plaintiffs or Defendants? (Part III)

This is the third of a three-part post that analyzes why plaintiffs are winning the securities class action war and what defendants can do about it....more

Who is Winning the Securities Class Action War—Plaintiffs or Defendants? (Part II)

This is the second of a three-part post evaluating who is winning the securities class action war. Part I explained that this war is not just a scorecard of wins and losses, but rather a fight for strategic...more

Considering the Site of Insured Locations in Delaware

by Zelle LLP on

When faced with insurance policies covering large national or multinational companies that have insured locations scattered around the globe, courts can struggle when applying a choice of law analysis when there is no...more

Ninth Circuit Holds D&O Policy Bars Coverage of FDIC’s Claims

In a decision, the US Court of Appeals for the Ninth Circuit, in finding for a directors & officers (D&O) insurer, denied coverage of the Federal Deposit Insurance Corporation’s (FDIC) claims against a failed bank’s former...more

Business Litigation Reporter - April 2017

by Goodwin on

Representations and Warranties Insurance Policies – Lessons from the Claims Process - Representations and warranties insurance policies (R&WI Policies)—designed to protect parties from loss arising from breaches of...more

Criminal Conviction Of De Facto Officer Does Not Preclude D&O Coverage

by Allen Matkins on

After a two week trial in 2013, a jury convicted Mitchell J. Stein, a lawyer, of mail, wire, and securities fraud based on evidence that he fabricated press releases and purchase orders to inflate the stock price of his...more

Business Litigation Report - March 2017

Culture: Meeting Regulatory Expectations - Recent scandals in the corporate and financial spheres have served to highlight the importance of a strong and well-embedded institutional culture. It is difficult to pinpoint...more

California Appellate Court Holds D&O Insurer Must Pay Cost of Insured’s Appeal Despite Criminal Conviction

In Stein v. Axis Ins. Co., No. B265069, 2017 Cal. App. Unpub. LEXIS 1628 (Ct. App. Mar. 8, 2017), the Second District California Court of Appeal had occasion to consider whether a criminal conviction is a “final adjudication”...more

Myths & Misconceptions of Biotech Securities Claims: An Analysis of Motion to Dismiss Results (2005-2016)

There is a common life cycle for Directors and Officers Liability for a publicly-traded biotechnology company bringing its first drug or device to the market. In the early stages, whether pre-clinical or Phase 1, there is...more

Federal Diversity Jurisdiction: Proving Citizenship of Limited Liability Companies

Jurisdiction gives a federal court the power to hear a case. Jurisdiction matters at the outset of a lawsuit. It matters during discovery. It even matters after summary judgment. Jurisdiction matters because federal courts...more

Be Careful What You Wish For, Part II: Would Companies Be Better Off Without the Fraud-on-the-Market Doctrine?

The villain in the fight against securities class actions is the fraud-on-the-market presumption of reliance established by the U.S. Supreme Court in 1988 in Basic Inc. v. Levinson, 485 U.S. 224 (1988). Without Basic, the...more

Delaware Superior Court Explains How To Assert Fraud Exclusion

by Morris James LLP on

This is an important insurance coverage decision. It upholds the claim of an insurer to bring a coverage suit to determine that a fraud exclusion applies to bar coverage on an underlying litigation that asserted a claim for...more

Clearing up the Smoke: Insurance and Marijuana

by Zelle LLP on

Following on from our last article concerning issues for (re)insurers arising from an insured’s illegal conduct, this article examines the issues arising out of the burgeoning legalized marijuana industry in the...more

Insurance & Reinsurance Newsletter

by Locke Lord LLP on

New Corporate Governance Annual Disclosure Requirements for Connecticut Insurers to Take Effect in 2017 - A recently enacted Connecticut statute intended to compel insurance companies to improve their corporate...more

Lawsuit filed to set aside IRS Notice 2016-66

by Womble Bond Dickinson on

Two months ago, without any prior warning or public notice, the IRS issued Notice 2016-66 which defined a number of common captive insurance transactions as “transactions of interest.” The Notice is limited to captive...more

Blog: Commercial Court Dismisses Appeal By Reinsurers Disputing That Certain Losses Arising From The World Trade Centre Attack In...

by Cooley LLP on

In Simmonds v Gammell [2016] EWHC 2515 (Comm) the respondent insurer had participated in various layers of an excess liability insurance programme, insuring the Port of New York (PONY). The appellant reinsurer had...more

Delaware Superior Court Explains Disgorgement Exclusion In Insurance Coverage

by Morris James LLP on

D&O policies often attempt to exclude from coverage sums paid to disgorge unlawful profits. The underlying theory is that the company did not suffer a true loss when it has to give back something that it never should have had...more

Ohio Court Holds Software Audit Demand Is a Claim Under D&O Policy

In its recent decision in Eighth Floor Promotions v. The Cincinnati Ins. Cos., 2016 Ohio App. LEXIS 4119 (Oct. 11, 2016), the Court of Appeals of Ohio, Third Appellate District, had occasion to consider whether an audit...more

Sometimes It’s Hard to Waive Subrogation: Pacific Indemnity v. Deming

by Cozen O'Connor on

According to the recent decision of the U.S. Court of Appeals for the First Circuit in Pacific Indemnity Company v. Deming, 2016 WL 3607028, 2016 U.S. App. LEXIS 12374 (July 5, 2016) common contractual provisions that...more

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