News & Analysis as of

Commercial Insurance Policies Policy Exclusions

Cozen O'Connor

The Importance of Experts J&S Welding, Inc. v. Liberty Mutual Insurance Company

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In J&S Welding, Inc. v. Liberty Mutual Insurance Company, the U.S. Court of Appeals reviewed a summary judgment ruling in favor of co-defendant West American Insurance Company (“West American”), issued by the U.S. District...more

Woodruff Sawyer

Q2 2024 Commercial Insurance Market: Positive Conditions Across Most Segments

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Insurance buyers enjoyed favorable market conditions across most segments of the commercial lines market in the first half of 2024. D&O and Cyber led the way in premium decreases, even benefiting companies with claims...more

Lowenstein Sandler LLP

Stitching the Patchwork Quilt: Navigating Policy Coordination and Exclusions in D&O Insurance

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In this episode of “Don’t Take No for an Answer,” Lynda A. Bennett and Alexander B. Corson of Lowenstein’s Insurance Recovery Group examine a recent California Appellate Court decision that underscores the necessity of...more

Wiley Rein LLP

Insured’s “Version of Events” Do Not Determine Application of Policy Exclusion

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The U.S. District Court for the District of New Jersey, applying New Jersey law, has held that a misappropriation of funds exclusion unambiguously barred coverage for an accounting firm under its professional liability policy...more

Lowenstein Sandler LLP

Best Practices for Negotiating Manuscript Exclusions

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Today on "In the Know,” Eric Jesse discusses best practices for negotiating manuscript endorsements to an insurance policy: in other words, revisions that are specifically negotiated and added by the parties. Because...more

Lowenstein Sandler LLP

D&O Insurance Myths (Part 2)

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Eric Jesse from Lowenstein Sandler's Insurance Recovery Group punctures a few more D&O insurance myths, including “all insurers are alike” and “D&O policies are non-negotiable.” Speakers: Eric Jesse, Partner, Insurance...more

McGuireWoods LLP

Insurance Recovery for Businesses Impacted by the Francis Scott Key Bridge Collapse

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On March 26, a containership struck the Francis Scott Key Bridge in Baltimore, Maryland, resulting in the collapse of the highway infrastructure and tragic loss of life. As communities grieve the loss of their loved ones,...more

Wiley Rein LLP

Breach of Contract Exclusion Bars Coverage for Judgment Rendered in Employment Dispute

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The United States District Court for the Eastern District of Louisiana, applying Louisiana law, has held that an insurer does not need to cover a monetary judgment rendered in favor of two former employees of the insured...more

Goodwin

Developments in W&I Insurance in Asia

Goodwin on

In recent years, the number of insurers offering M&A insurance (known as warranty and indemnity (W&I) insurance) in Asia has doubled. This is ushering in a new era for risk allocation in M&A that is more favorable to buyers...more

Ward and Smith, P.A.

FAQ: A Guide to Why and When You May Need an Insurance Counseling and Recovery Attorney to Review Your Insurance Policy

Ward and Smith, P.A. on

Insurance policies hold immense significance for business owners and professionals, as they can be a safety net for life's unexpected curveballs and can also assist business owners and professionals with proactive planning...more

Lowenstein Sandler LLP

Favorite Topics of 2023

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On the last “Don't Take No For an Answer” podcast of 2023, Lynda Bennett, Chair of the Insurance Recovery practice at Lowenstein Sandler, looks back on some of the series’ most popular topics, such as difference between the...more

Lowenstein Sandler LLP

“Keeping Track” of Your Cyber (and Other) Coverage Part II

Lowenstein Sandler LLP on

On this episode of Don't Take No for An Answer, host, Lynda A. Bennett, Partner and Chair of Lowenstein’s Insurance Recovery Group, is joined by David Anderson, Vice President, Cyber Liability at Woodruff Sawyer, and Heather...more

Womble Bond Dickinson

Sam Bankman-Fried Case Provides Lessons on Fraud and D&O Insurance

Womble Bond Dickinson on

Sam Bankman-Fried’s criminal trial started this week; and on the same day, he sued one of his director & officer insurers. And a lot of people are asking, why? Is the timing a coincidence or on purpose? Shouldn’t he be...more

Woodruff Sawyer

Looking Ahead to 2024: A Guide for D&O Insurance Renewals [Report]

Woodruff Sawyer on

Woodruff Sawyer’s 11th annual D&O Looking Ahead Guide features proprietary research and expert insights to help guide your 2024 directors and officers (D&O) liability insurance program renewal. In this article, we’ll...more

Woodruff Sawyer

The Commercial Insurance Landscape Continues to Evolve: A Q2 2023 Update

Woodruff Sawyer on

The outlook for the commercial lines insurance market remains largely unchanged since the first quarter, with the supply of capital driving pricing behavior in all segments. For the directors and officers (D&O) market,...more

Holland & Knight LLP

What Representations & Warranties Insurance Can Do for Your M&A Deals in Latin America

Holland & Knight LLP on

In recent years, the use of representations and warranties insurance (RWI) in mergers and acquisitions (M&A) transactions has experienced dramatic growth worldwide. Consequently, deal participants in Latin America are showing...more

Miller Nash LLP

Cautionary Tales of D&O Bump-Up Exclusions

Miller Nash LLP on

For some time now, merger-objection and acquisition-objection litigation against buyers of companies have been on the rise. In years past, these cases often settled for not much more than additional-disclosure agreements and...more

Butler Weihmuller Katz Craig LLP

Confined to the Four Corners by the Rules of Contract Interpretation

A Review of Shiloh Christian Center v. Aspen Specialty Insurance Company - The Eleventh Circuit Court of Appeals recently held that the plain text of an insurance policy trumps the parties’ subjective intent and...more

Lathrop GPM

Excuse the Interruption

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All eyes are on the New Jersey Supreme Court as we await oral arguments on the latest business interruption coverage dispute. In the lawsuit, an Atlantic City casino, Ocean Walk, seeks reimbursement for costs incurred during...more

Woodruff Sawyer

SPACs: Delaware Opts Out of “Untold Chaos”

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Possibly regretting the repercussions of its recent decision in Delman v. GigAcquisitions3, the Delaware Court of Chancery opted on February 21, 2023, to restore relative peace to dozens of SPACs for which the capital...more

Sheppard Mullin Richter & Hampton LLP

The Commercial Division Rejects Yet Another Insured’s Claim for Coverage for Covid-Related Revenues Losses

Does the business harm caused by COVID-19 qualify as “direct physical loss” for insurance purposes? In Spirit Airlines, Inc. v. American Home Assurance Company, Index No. 655755/2021, Commercial Division Justice Robert R....more

Woodruff Sawyer

Looking Ahead: A Guide to Property & Casualty Risk Management and Insurance in 2023

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Prior to the COVID-19 pandemic, the insurance industry was already amid challenging times. Natural catastrophes, increasing jury awards in liability cases, and medical cost inflation all resulted in premium increases coupled...more

Ervin Cohen & Jessup LLP

Are Consumer Protection or False Advertising Claims Covered By Insurance?

​​​​​​​Whether consumer protec­tion or false advertising claims are covered by insurance depends on the kind of insurance policies in play. For ex­ample, coverage for such claims under a CGL policy is unlikely be­cause an...more

Woodruff Sawyer

D&O Looking Ahead Guide - D&O Considerations for 2023

Woodruff Sawyer on

The first half of 2022 brought rapid and dramatic change to the world of US public company D&O insurance. It feels like 2021 is a distant memory: the hot IPO market has cooled, SPAC IPOs have ground to a near halt, and...more

Woodruff Sawyer

Looking Ahead to 2023: A Guide for D&O Insurance Renewals [Report]

Woodruff Sawyer on

Woodruff Sawyer’s 10th annual D&O Looking Ahead Guide is here. In it, you will find expert insights to help guide your 2023 directors and officers (D&O) liability insurance program renewal. Read on for a summary of the...more

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