News & Analysis as of

Settlement Indemnification

Fuerst Ittleman David & Joseph

Florida Litigation Update: Third DCA Clarifies When Joint Proposals for Settlement Are Ambiguous and Addresses the Interplay...

Florida litigators are well aware of the power of a properly used proposal for settlement and the potentially devastating consequences of rejecting such a proposal. Such proposals are powerful tools designed to facilitate...more

White and Williams LLP

Pennsylvania Federal Court Finds No Coverage For Hacking Claim Under E&O Policy

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On June 9, 2022, the U.S. District Court for the Eastern District of Pennsylvania held, on summary judgment, that an insured was not entitled to coverage under a Professional Errors and Omissions (E&O) policy for loss...more

Polsinelli

New DOL Settlement Takes Aim at Indemnification for ESOP Fiduciaries

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On January 12, 2021, the United States Department of Labor (“DOL”) entered into a consent order with another fiduciary of an employee stock ownership plan (“ESOP”).  The consent order in Scalia v. Professional Fiduciary...more

White and Williams LLP

The Last One Standing Stands Tall: NJ Asbestos Trial Defendants Can Use Settled Defendants’ Testimony to Prove Cross-Claims

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Most experienced asbestos trial lawyers will shout, “Depositions live forever!,” suggesting that evidence produced in one case at one time and in one state may live to influence the outcome in many cases for decades to come....more

Troutman Pepper

Contractor Has No Duty To Indemnify Gas Company For Settlement Paid To Injured Employee Under Florida’s Underground Facility And...

Troutman Pepper on

Peoples Gas Sys. v. Posen Constr., Inc., 2018 U.S. Dist. LEXIS 106427 (M.D. Fla. June 26, 2018) - In 2009 Posen Construction, Inc. (“Posen”), a road construction contractor, entered into a general contractor agreement with...more

Bilzin Sumberg

Chase Lets Loose a Barrage of New Indemnification Demand Letters

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Ten years after the financial crisis, mortgage companies and regional/local banks are still getting hit with new breach of contract and indemnification claims related to loans sold before the crisis....more

Bilzin Sumberg

The Eighth Circuit Raises the Bar for Would-Be Indemnitees

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Here is a situation that comes up quite a bit in the world of business contracts containing indemnification provisions, and in the insurance industry as well. First, a party (“Party A”) gets sued, or threatened with a suit,...more

WilmerHale

The devil is in the detail: call for global standards for corporate settlements in foreign bribery cases

WilmerHale on

March 16, 2016, saw the OECD host an Anti-Bribery Ministerial meeting in Paris to discuss how to strengthen the implementation of its Anti-Bribery Convention. In the run up to the meeting, the respective heads of Corruption...more

JAMS

Don’t Let Coverage Issue Delay Settlement

JAMS on

There are a number of steps in-house counsel can take to increase the likelihood of mediation while working with outside counsel on cases defended by carriers. Some mediations directly involve insurance, such as those...more

Morrison & Foerster LLP

The FCA Impact Of DOJ’s Increased Focus on Small Business

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In 2014, the Small Business Administration reported that almost a quarter of approximately $367 billion of eligible funding for small business contracting, or roughly $91.7 billion, was awarded to small businesses as prime...more

Faegre Drinker Biddle & Reath LLP

Does Med Mal Statute of Limitations Apply to Indemnification Claims?

Last week the South Carolina Supreme Court issued an opinion addressing the issue whether an indemnification claim is subject to that state’s medical malpractice statute of limitations, when the claim is for recovery of a...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - Feb 18, 2014

Insurer Must Indemnify TCPA Settlement, Despite Lack of Involvement - Why it matters: In a closely watched case out of Illinois, an appellate court held that a $1.7 million settlement in a Telephone Consumer...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law -- Oct 02, 2013

Virginia Federal Court Rules Under D&O Policy that Search Warrant and Subpoena Trigger Defense Obligation Even Without A Formal Complaint or Demand - Why it matters: With increasing governmental investigations relating...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law -- Sep 12, 2013

Summer Ends on a High Note for Policyholders - Summer may be winding down, but the courts are still smiling on policyholders. The three cases discussed in this week’s newsletter present some big wins for insureds. ...more

Orrick, Herrington & Sutcliffe LLP

Policy Observer - July 2013

Getting Over the Bar: Second Circuit Requires Actual Payment of Underlying Limits In Order to Trigger Excess D&O Policies - In June, the Second Circuit held that two Federal Insurance Company ("FIC") excess D&O...more

Pillsbury Winthrop Shaw Pittman LLP

Admit It! SEC May Seek Admissions of Wrongdoing in Settlements

The U.S. Securities and Exchange Commission (“SEC”) is poised to modify its “no-admit, no-deny” policy to seek more admissions of wrongdoing from defendants as a condition of settlement in enforcement cases. The change comes...more

Bilzin Sumberg

Big Banks Fail 2012 Fannie Mae Star Program

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According to a report released Tuesday by Fannie Mae, the big banks who love to act like “injured innocents” when it comes to making mortgage repurchase and indemnification demands on loan originators had their own...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - March 2013

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In this Issue: - Editor's Overview - Risk of Addiction Relapse May Entitle Plan Participants to Disability Benefits - Rulings, Filings, and Settlements of Interest ...more

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