NGE On Demand: Insurance Issues in Bankruptcy with Jason Frye
Two underlying actions were filed against US Crane & Rigging LLC and its subcontractor, NY Crane Hoist Operations LLC, for damages caused by unsecured cranes at a building project during Hurricane Zeta. Liberty Mutual Fire...more
Jealous husbands, protection payments, defective earplugs, opioids, and abuse of process form the backdrop to our September Insurance Update. We begin with two cases from Delaware’s high court. The first reaffirms...more
General and products liability policies are a cornerstone of risk management for businesses, providing protection against alleged liability because of bodily injury, property damage, and personal or advertising injury claims....more
The Delaware Supreme Court’s 3-2 Aearo Technologies LLC Insurance Appeals decision on August 12, 2025 affirmed a lower court ruling that payment of defense costs by a non-insured did not count toward the insured’s...more
Meritage Homes of Texas, Florida, and Meritage Homes Corporation (collectively, “Meritage”), a national residential homebuilder, brought suit against its umbrella insurer, AIG Specialty Insurance Company (“AIG”), over...more
In this episode of Don't Take No For an Answer, Eric Jesse and Alexander B. Corson review an update in the 3M self-insured retention decision after the Delaware Supreme Court closely ruled in favor of the insurer. The...more
On November 5, 2024, seven states approved ballot measures to reaffirm the right to abortion, and three states rejected ballot measures to legalize abortion. These ballot results could have a significant impact on employers...more
The softening D&O market has continued into 2023, with 91% of our clients experiencing a cost reduction in their renewal in the first half of the year. Self-insured retentions have also continued to fall. The soft market is a...more
As we emerge from the COVID pandemic and the risk environment for corporate America remains high, now is a good time to revisit a question critical to private equity firms and strategic buyers in the mergers and acquisitions...more
The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has held that multiple COVID-19 claims against an insured arise from separate “health care events” such that they...more
The United States District Court for the District of South Dakota, applying South Dakota law, has held that an insured healthcare system was barred from settling without its healthcare liability insurer’s consent where the...more
If you are serving as an officer or director of a public company (or a large private company), it has never been more important to make sure that you have an aggressively protective personal indemnification agreement. ...more
NGE Insurance Policyholder counsel Jason Frye explains how when bankruptcy and insurance issues collide, debtors will need insurance coverage counsel to work alongside their bankruptcy counsel. If you have any questions,...more
Do Reps and Warranties Insurers Pay Claims? Yes–With Caveats, New Survey Finds- During the last decade, intense deal activity spurred the growth of R&W insurance–an alternative risk-transfer mechanism to indemnify buyers...more
In our recent article, “10 Questions Personal Transportation Manufacturers Should Answer Before Selling a New or Redesigned Product,” we identified areas that should be addressed before a new product goes to market. One of...more
In Deere & Co. v. Allstate Ins. Co. (No. A145170, filed 2/25/19), a California appeals court held that the insured was not required to pay additional self-insured retentions (SIRs) in order to trigger higher level excess...more
Owners and contractors typically who require firms they hire to have liability insurance, and name them as additional insureds in case they ever get sued for what the hired firm did wrong, but they can often get a rude...more
As the economy recovers from the Great Recession, the insurance industry is experiencing an increase in the need to evaluate risk retention and risk transfer mechanisms tailored to the commercial policyholders’ risk...more
Commercial General Liability Insurance Policies; Construction Defects; Self Insured Retention Amount; Subrogation; “Made Whole Doctrine” – Under the “made whole doctrine,” an insured has no affirmative right to recover...more
Insurers have generally two departments: underwriting and claims. Underwriters negotiate the terms of the offer of insurance and include, in their internal analysis, how much risk the insurer wants to accept and at what...more
In Evanston Insurance Company v North American Capacity Company, 2014 U.S. LEXIS 92682, Evanston Insurance Company sued in U.S. District Court to seek contribution from North American Capacity Insurance Company where both...more