In the Boardroom With Resnick and Fuller - Episode 3
In the Boardroom With Resnick and Fuller - Episode 1
The Sanity of Bank Directors
The Insider Trading Cartoon Series, Vol. 13 -- The Barry Switzer Story
Internal Investigations: The Impact of the Yates Memo, the FCPA Unit Pilot Program and Recent Legal Decisions
Variables Affecting Medical PL Settlement Values
Prior & Pending Litigation
Homebuilder Series Webinar: Fiduciary Duties & Auditor Liability
Claims: Government Investigations, Enforcement and Triggering Insurance Coverage Under D and O Insurance
Most pandemic-related businesses interruption insurance claims failed because policyholders could not show a direct physical loss. But some California courts issued conflicting decisions. The California Supreme Court has now...more
The United States District Court for the District of New Jersey, applying New Jersey law, granted an insurer’s motion for summary judgment, finding that an insured’s claim related back to a prior policy period when the...more
An Illinois appellate court, applying Illinois law, has held that a professional liability carrier had a duty to defend an ankle monitoring company against a lawsuit alleging bodily injury while wearing the ankle monitor...more
In Law Office of Drew J. Bauman v. Hanover Insurance Company, 2023 WL 2238552 (D.N.J. February 27, 2023), the plaintiffs maintained a professional liability insurance policy with the Hanover defendants from October 2017 to...more
The United States District Court for the District of Minnesota, applying Minnesota law, has held that a law firm’s professional liability policy does not provide coverage for the firm’s alleged breach of various litigation...more
In Part I (”When Can an Insurer Pursue a Malpractice Claim Against Defense Counsel Retained for an Insured”) of our two-part article published by the ABA’s Insurance Coverage Litigation Committee (ICLC), we addressed the...more
The owners hired a general contractor (GC) insured by Amerisure to build a movie theatre, and the GC hired a masonry subcontractor (Sub) insured by Selective under a primary and umbrella policy...more
Law Office of Drew J. Bauman v. Hanover Insurance Company, 2023 WL 2238552 (D.N.J. Feb. 27, 2023) - The plaintiffs had maintained a professional liability insurance policy with Hanover from October 2017 to October 2019. They...more
The Superior Court of Delaware has held that collateral estoppel bars an insured company from relitigating whether, under a second excess follow-form D&O policy, an SEC letter and order (collectively the “SEC Matter”)...more
In a win for Wiley’s client, the United States Court of Appeals for the Tenth Circuit, applying Oklahoma law, has issued a published opinion holding that a lawsuit alleging negligence against an accounting firm in connection...more
The United States Court of Appeals for the Fourth Circuit, applying Maryland law, has affirmed a ruling that no coverage was available for costs incurred in connection with a government investigation, finding that the...more
If a resident in an assisted living or skilled nursing facility sustains an injury, the owner and operator of the facility will generally look to their errors and omissions or professional liability insurance policy for...more
In GMG Ins. Agency v. Margolis Edelstein, 2023 WL 2854760 (Del. Super. Ct. Apr. 10, 2023), reargument denied sub nom. GMG Ins. Agency v. Edelstein, 2023 WL 3522297 (Del. Super. Ct. May 17, 2023), the plaintiff, an insurance...more
The United States Bankruptcy Court for the Eastern District of Wisconsin, applying Wisconsin law, denied an insurer’s motion to dismiss on the grounds that the insured dentist’s complaint plausibly alleged that the insurer’s...more
The United States District Court for the Southern District of New York, applying New York law, has held that an E&O insurer had no obligation to contribute toward the defense of an underlying matter in light of its policy’s...more
Additional insured disputes can sometimes get complicated. How much coverage the additional insured gets is often a hotly contested issue, especially when the named insured has coverage above the minimum limits it promised...more
The United States Court of Appeals for the Eighth Circuit, applying Iowa law, has held that a professional liability insurer had no duty to defend and indemnify a medical clinic and its director for claims by the clinic...more
Here are some of the leading insurance cases from the past month. The Sixth Circuit is the latest appellate court to address whether insurers must defend drug companies in local government opioid suits. Joining the Ohio...more
A Connecticut federal court, applying Connecticut law, has held that a professional liability policy application imports the policy definition of the term “claim.” Admiral Ins. Co. v. Versailles Med. Spa, LLC, 2022 WL...more
The United States District Court for the Central District of California, applying California law, has held that an insurer was entitled to rescind a professional liability policy issued to a healthcare facility because the...more
The United States District Court for the Southern District of California, applying California law, denied an insurer’s claims for declaratory relief following a week-long bench trial to resolve coverage under a professional...more
The United States District Court for the Eastern District of Louisiana has held that no coverage exists under a professional liability policy because the lawsuit for which the insureds sought coverage was based on the same or...more
The United States District Court for the Southern District of Florida, applying Florida law, has held that a policy’s “theft of funds exclusion” precluded coverage for an insured law firm under its professional liability...more
As we begin to assess the damage from historic Hurricane Ian, Adams and Reese’s Disaster and Recovery Team is here to assist you. The Firm has extensive experience handling a wide range of disasters, including hurricanes Ida,...more
The United States District Court for the Eastern District of Oklahoma, applying Oklahoma law, granted an insured’s motion for summary judgment, finding that a claim was sufficiently made and reported during the policy period....more