Federal court interprets D&O policy to permit coverage for False Claims Act and qui tam actions *

USA - May 15 2013
The availability of insurance in connection with False Claims Act (FCA) and qui tam investigations and suits is a critical consideration for…

Co-authors: Jan A. Larson.

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Below-limits settlements with underlying insurers are sufficient for obtaining excess insurance coverage *

USA - April 30 2012
In Maximus, Inc. v. Twin City Fire Insurance Co., No. 11-cv-1231 (E.D. Va. Mar. 12, 2012), the court held that the policyholder’s below-limits settlements with the underlying insurers in its insurance tower were sufficient to exhaust those underlying policies for the purposes of obtaining excess insurance coverage.

Co-authors: Adam G. Unikowsky, Michael K. Lowman.

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Insurance coverage for data breaches *

USA - October 7 2011
In 2011, more than 1.8 zettabytes, or 1.8 trillion gigabytes, of digital information will be created.

Co-authors: Sabrina N. Guenther.

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When the regulators come calling, will your company have the right D&O coverage? *

USA - February 2 2010
In the wake of the economic meltdown, state and federal authorities are stepping up their investigations into alleged violations of the securities laws.

Co-authors: Ronald L. Marmer, Andrew Weissmann, Kali N. Bracey, Lorelie S. Masters, Jerry J. Burgdoerfer.

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How to avoid the impact of a warranty letter - a cautionary tale *

USA - January 7 2010
Policyholders seeking to obtain Directors & Officers ("D&O") and many other types of liability coverage are often confronted with the question of whether, apart from agreeing to the terms of the policy, they should also acquiesce to an insurer’s request that they sign a separate warranty letter at the time of policy placement.

Co-authors: Daniel I. Weiner.

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