News & Analysis as of

Legal Fees Insurance Industry

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 25 2024

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The insured, Match Group, LLC, brought a coverage action against its insurer, Beazley Underwriting Limited, and obtained a judgment against Beazley that Beazley appealed. In turn, the insured moved to recover the attorney’s...more

Burns & Levinson LLP

In Massachusetts, Defendants Often Have the Right to Select Insurance Defense Counsel – and Have the Insurance Company Pay All of...

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On the one hand, business insurance provides in-house counsel with the peace of mind to know that if their company is involved in a covered event, the insurer will be responsible for some or all of the damages and also may be...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

Wiley Rein LLP

Massachusetts Federal Court Holds Defense Costs Must Be Reasonably Allocated Between Insured and Non-Insured Parties

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A Massachusetts federal court, applying Massachusetts law, has held that the allocation of legal fees between two corporations is determined based on what reasonably would have been negotiated had each party in the joint...more

Farella Braun + Martel LLP

Disputes Between Shareholders May Not Be Governed by Fiduciary Duties but Could Be Covered by Insurance

Disputes regarding ownership interests often arise in the context of closely held corporations, particularly when directors, officers, or majority shareholders sell or acquire ownership interests in the company. These...more

Venable LLP

Defense Costs for Long-Tail Claims: Making the Most of Your Insurance Coverage

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Long-tail claims involve continuous or progressive injuries that occur over the course of multiple years. Often these claims occur in the context of long-latency diseases, such as those arising from asbestos exposure, or...more

Wiley Rein LLP

Policy Requires Allocation of Defense Costs Based Upon Parties’ Relative Legal Exposure

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The United States District Court for the Central District of Illinois has held that an insurance policy requires allocation of defense costs based on the parties’ relative legal exposure if it clearly and unequivocally...more

White and Williams LLP

The FTC Wants More Power to Investigate Corporate Data Privacy Violations - Will Cyber Insurance Cover the Costs of a Company's...

White and Williams LLP on

On May 8, 2019, all five commissioners of the U.S. Federal Trade Commission (FTC) testified before a congressional hearing on data privacy regulation and enforcement. At the hearing, the FTC commissioners testified that the...more

Steptoe & Johnson PLLC

Highest Court Affirms Insurance Company’s Interpleader

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On March 13, 2018, the West Virginia Supreme Court of Appeals held that an insurance company can pay the proceeds of a life insurance policy into the court when there is a dispute as to who is the rightful beneficiary. At...more

Carlton Fields

Virginia Supreme Court Considers Terms Of Assumption Reinsurance Transaction In Determining Obligations Of Insolvent Insurer

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A group of Kentucky hospitals sought reimbursement for legal fees incurred in two lawsuits related to the insolvency of their insurer, Reciprocal of America (“ROA”). In the 1970s and 1980s, the hospitals created two trusts to...more

Carlton Fields

New York Trial Court Finds Cedent Is Not Covered For Loss Adjustment And Legal Expenses In Excess Of The Amounts Stated In Its...

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Relying on past New York precedent, a New York state trial court determined the language of certain reinsurance certificates at issue were unambiguous, declining to accept plaintiff’s extraneous evidence “that the custom and...more

Goulston & Storrs PC

T&E Litigation Newsletter- January 2016

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The last quarter of 2015 produced two interesting decisions from the Appeals Court. In Brady v. Citizens Union Savings Bank, 88 Mass. App. Ct. 416 (2015), the Court addressed whether legal fees and costs already paid to...more

Farella Braun + Martel LLP

California Supreme Court Will Review Appellate Decision Holding That Attorney Bills Are Privileged

In June, I blogged about County of Los Angeles Board of Supervisors v. Superior Court, 235 Cal. App. 4th 1154 (2015). In that case, the California Court of Appeal (Second Appellate District) concluded that legal defense bills...more

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