The Supreme Court of Washington holds that an insurer cannot recoup defense costs after defending under a reservation of rights, notwithstanding a determination that there is no coverage *

USA - March 12 2013
On March 7, 2013, Washington State's highest court dealt a blow to liability insurers seeking to recover defense costs for uncovered claims. The…

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California court finds for insurer in service fee case *

USA - December 21 2012
The California Court of Appeal recently affirmed dismissal of a class action suit alleging that an insurer had unlawfully charged service fees to policyholders who paid for their insurance in monthly installments. 

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Shareholder derivative litigation: a primer for insurance coverage counsel *

USA - December 20 2012
The recent spate of mergers, acquisitions, leveraged dividends and regulatory investigations has led to a much higher frequency of shareholder derivative…

Co-authors: John D. Hughes, Jonathan Toren.

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Coverage issues implicated by FDIC claims against directors and officers of failed banks *

USA - September 7 2012
The financial crisis commencing in 2008 has led to the failure of an unprecedented number of financial institutions.

Co-authors: Joshua P. Broudy .

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New York adopts Delaware’s “Tooley Test” for distinguishing between derivative and direct actions *

USA - August 13 2012
The New York Supreme Court, Appellate Division, First Department, issued a ruling this past week in which it adopted a “clear approach” for determining the difference between direct and derivative claims. 

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