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Liability Insurance Policy Terms

Davies Ward Phillips & Vineberg LLP

Better Late Than Never? Not So for Directors’ and Officers’ Liability Coverage

Directors and officers facing liability claims, including investigations and enforcement proceedings, must pay careful attention to the notice provisions of their directors’ and officers’ (D&O) liability coverage policies and...more

Woodruff Sawyer

Frequently Asked Questions About Trustee Liability Insurance

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Managing the assets left in a trust is a major responsibility: It’s your job to properly manage and administer trust assets to the letter—or potentially face costly legal consequences. In the instance of a lawsuit, trustee...more

K&L Gates LLP

PFAS and Other Emerging Alleged Contaminants Litigation: Mitigating Risk Through Insurance

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The United States (US) has seen an explosion of litigation in recent years relating to perfluoroalkyl and polyfluoroalkyl substances (PFAS), referred to by some as “forever chemicals” because they are slow to degrade and can...more

K&L Gates LLP

Ten Things Consumer Packaged Goods Companies Should Do to Manage Co-Manufacturer Relationships

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Many consumer packaged goods (CPG) companies’ contract with other companies to manufacture goods sold under the CPG companies’ label or brand. These arrangements are called “co-manufacturing” or “contract manufacturing.”...more

Carr Maloney P.C.

The Appellate Court of Maryland Holds Corporate Auto Policies Cannot Extend to Individuals

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This past January, Judge Glenn T. Harrell, Jr. of the Appellate Court of Maryland (ACM) found in favor of an insurance company that disclaimed coverage, under a corporate automobile liability issued to a business, when the...more

Presley & Presley

Interpleader Insufficient to Erase Extra-Contractual Exposure

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In states that haven’t passed safe harbor legislation, multiple claimants and insufficient limit claims pose certain challenges to insurers in the claims handling stage. Numerous claimants competing for severely limited...more

Maison Law

California Uber Accidents and Personal Injury Claims

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Uber is a California-born taxi service that relies upon apps on tablets, smartphones, and computers. Requests for service come with a few finger taps rather than hailing for cabs or competing with other taxi riders for...more

Maison Law

Personal Injury Claims Involving Uninsured Drivers in California

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In most states, drivers must have automobile liability coverage to pay damages caused by a driver's negligence. Failure to do so can result in fines and denial of registration. According to the Insurance Information Institute...more

Marshall Dennehey

Denial of Insurer’s Petition for Limited Intervention in Trial Court Action Against Insured to Determine Whether Coverage...

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Key Points: Trial court’s denial of insurer’s petition for limited intervention to determine whether coverage exclusion applied was immediately appealable pursuant to Pa. R.A.P. 313(b)....more

Warner Norcross + Judd

Do You Have Choice of Counsel in Insurance Litigation?

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Do you know which attorneys will represent your interests if your insurance provider has to defend you in litigation? You might be surprised. As a general rule, liability insurance policies – such as those held by family...more

Morgan Lewis

Baltimore Bridge Collapse: Key Insurance Considerations for Impacted Businesses

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The catastrophic collapse of the Baltimore Francis Scott Key Bridge resulted in the tragic loss of life, severed part of Interstate 695, and shut down one of the busiest ports in the United States. The disaster could become...more

Farella Braun + Martel LLP

Insurance for Non-Insurance Attorneys: How do I know which liability policies respond to claims against my clients?

It depends on the nature of the claim against the insured and the type of coverage at issue. Liability insurance policies are broadly understood as either "occurrence" policies or "claims-made" policies, and each has a...more

Woodruff Sawyer

Insurance for Mass Timber Manufacturers: 5 Ways to Customize Your Coverage

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The right insurance coverage is critical for all businesses, and mass timber manufacturing is no exception. The complex and unique exposures mass timber manufacturers face creates a wide scope of insurance needs that vary by...more

Foley Hoag LLP

Related Claims Provisions in Claims-Made Liability Policies: The Policy Wording Matters!

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Liability insurance policies are typically written on either an “occurrence” basis or a “claims made” basis. Under an occurrence-basis policy, the liability will be covered if the injury or damage occurred during the policy...more

Kennedys

The end of defense within policy limits

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As of October 1, 2023, liability insurers admitted in Nevada may no longer issue or renew any liability policy where policy limits are eroded by defense costs, legal costs and fees and other expenses for claims. Professional...more

Woodruff Sawyer

What You Don’t Know Can Hurt You: Why You Need Trustee Liability Insurance

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A client recently told me about a conversation he’d had with an institutional co-trustee. The co-trustee was pushing back on the approval of a trustee liability policy. The institutional co-trustee’s reasoning was that most...more

Searcy Denney Scarola Barnhart & Shipley

What You Need to Know About Florida’s No-Fault Car Insurance Law

Florida is in a minority of states which employ a “no-fault” personal injury system. This results in car accident victims first having to file a claim against their own insurance before submitting a claim to a defendant’s...more

Jenner & Block

Client Alert: Recent Developments Construing “Claims” in the Context of Insurance Coverage for Government Investigations

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Government investigations are costly, requiring companies and individuals to expend significant financial resources to comply with, or challenge, the government’s requests. In these situations, where a company or an...more

Sheppard Mullin Richter & Hampton LLP

Failure to Timely Produce in Discovery Underlying Written Contract with Insured Prevented General Contractor from Establishing...

Voyager Indemnity Insurance Company (“Voyager) issued a commercial liability insurance policy to MRB Construction, Inc. (“MRB Construction”), a framing subcontractor. As is common with such policies, MRB Construction’s policy...more

Bennett Jones LLP

Home is Where the Risk is When Carrying on (Insurance) Business

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In Vale Canada Limited v Royal & Sun Alliance Insurance Company of Canada, 2022 ONCA 862, the Ontario Court of Appeal distilled a 70-page decision about a multi-jurisdictional insurance coverage dispute into one...more

Woodruff Sawyer

Does a Personal Umbrella Policy Cover a Trustee?

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If you have been asked to serve as a trustee, you no doubt have questions about the duties and responsibilities of the role. You also should be clear on your trustee insurance coverage. Unfortunately, some confusion exists...more

Goldberg Segalla

California Time-Limited Demand Statute to Take Effect Jan. 1, 2023

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Key Takeaways - A new California statute governing claimants’ demands will take effect Jan. 1 mandating that an at-fault party’s liability insurer pay by a specific deadline the limits of its policy to settle claims...more

Conn Kavanaugh

No Case is Too Big to Notify a Claims-Made Insurer

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A headline-grabbing case regarding race in the college admissions process at an elite university, appealed all the way to the United States Supreme Court, is the type of nightmare scenario that might inspire an educational...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

Foster Swift Collins & Smith

Review Your Liability Insurance on Insurance Awareness Day

June 28th is National Insurance Awareness Day. Certainly, people in the equine industry may be aware that they have liability insurance, but they sometimes forget to assess whether they have the right insurance. National...more

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