The Duty to Cooperate Under a Liability Policy
Best Practices for Negotiating Manuscript Exclusions
AGG Talks: Healthcare Insights - Episode 1: A Primer for Providers When Insurance Companies Refuse to Pay
D&O Insurance Myths (Part 2)
The Standard Formula Podcast | Understanding Insurance Resolution Regimes
Still Looking: How to Find Those Missing Policies Covering Long Tail Liabilities
Jeremy Levy on Recent RWI Challenges and Near-term Outlook
Protect Your Construction Project: Top 10 Insurance Provisions to Know
Filing Insurance Claims After the Texas Winter Storm
Lowenstein’s New Insurance Recovery Podcast Series, “Don’t Take No for an Answer”
JONES DAY TALKS®: COVID-19 and Business Insurance
Cyber Insurance 101: What It Is And Why You Need It
In this episode of "Don't Take No For An Answer," host Eric Jesse and Heather Weaver from Lowenstein's Insurance Recovery Group invite guest Michael Young, partner at Reichardt Noce and Young, to discuss an insurer's duty to...more
Negotiating a basket mechanism into your merger or acquisition agreement? One of the questions it pays to ask (and answer) early on is how that basket mechanism will function with the retention amount you will be negotiating...more
The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has held that a letter notifying the insured of the sender’s intent to file a joinder complaint, i.e., a third-party claim,...more
In Ram Krishana Inc. d/b/a Motel 6 Sulphur v. Mt. Hawley Insurance Co. (2025 WL 371016) (S.D.N.Y. 2025)), the United States District Court for the Southern District of New York determined that the plaintiff lacked an...more
We’ve recently received a handful of inquiries regarding the placement of sell-side reps and warranties insurance (RWI) policies. Given the relative rarity of these policies compared to their buy-side counterparts, we felt a...more
In the current, highly competitive, business landscape, businesses face the challenge of optimizing efficiency, enhancing productivity, and reducing costs, all while maintaining the quality of their services. One of the...more
The Second Circuit Court of Appeals recently found an insurer’s decision to waive discovery foreclosed its ability to provide extrinsic evidence to resolve an ambiguous insurance policy. In Ezrasons Inc. v. Travelers...more
The duties to defend and indemnify arise out of an insurer’s contract with its insured. It is a commonly accepted principle under Alabama law that an insurer’s duties to defend and indemnify are separate and distinct. Indeed,...more
Technology Insurance Company, as the liability insurer for a landlord, filed a declaratory judgment action against Main Street America Assurance Company, as the liability insurer for the landlord’s tenant, seeking a...more
Not many cases in Florida analyze Professional Services Exclusions in general liability policies. However, on September 16, 2022, the Eleventh Circuit Court of Appeals released an order providing some clarification about the...more
A manager or executive under investigation, either internally by the company, or by an authority, should understand the protection offered by D&O policies and company indemnity contracts, and in particular what those products...more
Where multiple liability policies are triggered, does one of the insurers get to insist that its deductible be satisfied before the insured can be provided with a defense? Relatedly, can the insured choose which insurer...more
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Indemnification provisions are common in many contracts. At first glance, these provisions can all appear to be roughly the same. But hidden in a “standard” indemnification term can be language that shifts unreasonable...more
The United States District Court for the Western District of Texas, applying Texas law, has held that a legal malpractice insurer was not liable for a statutory bad faith claim by the insured law firm because the evidence...more
Applying Illinois law, a federal district court has held that an insurer did not have a duty to defend or indemnify for a lawsuit that was filed and dismissed prior to the policy period and later refiled during the policy...more
The question before the Southern District of New York was whether, under English law, certain facultative reinsurance policies obligated a reinsurer to indemnify its cedent for a $20 million settlement. The finding was...more
Claims-made liability insurance policies typically require the policyholder to notify the insurer of a claim within a set amount of time — typically during the policy period, or within a specific period of time after the end...more
One of the most negotiated and fundamental provisions in any contract is the manner in which the parties will allocate risk. Also known as an “indemnity” or an “indemnification provision,” these provisions are not commonly...more
On August 26, 2019, the Eleventh Circuit Court of Appeals, applying Florida Law, held that ill-gotten gains do not constitute covered “loss” within the meaning of a D&O policy. In Philadelphia Indemnity Insurance Co. v. Sabal...more
An unbroken sequence of Delaware trial court decisions have reflected strong pro-policyholder leaning in insurance cases in furtherance of the state’s pro-business model. Following the most recent of these pro-policyholder...more
Although it has become common for corporate directors and officers to face claims seeking to hold them personally liable for alleged damages resulting from actions taken in their official capacity, it wasn’t always this way....more
In another dispute over insurance coverage related to the Macondo Well blowout (a/k/a Deep Water Horizon incident),1 the Texas Supreme Court held that an endorsement reducing a policy’s limits for “liability” stemming from a...more
“Related Claims” provisions in directors and officers (D&O) and errors and omissions (E&O) policies, while common, can spawn disagreement as to scope and application. ...more
The 2012 Macondo Well blowout and Deepwater Horizon rig explosion gave rise to a slew of lawsuits. Our subject today is one of them. ...more