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Financial ruin and the duty to settle within policy limits
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • October 17 2013

A liability insurance company has the right to take over the defense of a policyholder and to control all settlement discussions. What happens if the

Delaware Supreme Court holds that dissolution statutes do not extinguish a dissolved corporation’s potential liability to third parties
  • Cahill Gordon & Reindel LLP
  • USA
  • December 13 2013

The Delaware Supreme Court recently offered new insight into a dissolved corporation's exposure to liability for third party claims. In Anderson v

New restrictions on creditors’ rights exclusions in title insurance policies
  • Bryan Cave LLP
  • USA
  • February 12 2010

Anyone who obtains title insurance, whether as an owner or a lender, should be aware of a recent abrupt and significant change in title insurance practices across the country

Expect the unexpected: The year ahead for the Financial Institutions Sector
  • Hogan Lovells
  • European Union, United Kingdom, USA
  • January 13 2017

There’s nothing new about change in the financial institutions sector. As in previous years, change for firms will be driven largely by regulation and

Are you Covered? The Insured v. Insured Exclusion
  • Weil Gotshal & Manges LLP
  • USA
  • May 31 2016

The availability of a debtor’s insurance policy can have a significant impact on its chapter 11 case. Indeed, in certain chapter 11 cases insurance

A guide to surviving the Kemper liquidation
  • Dentons
  • USA
  • February 4 2010

In response to an imminent Order of Liquidation against the Kemper Insurance Companies, we have prepared the following "frequently asked questions" guide summarizing issues related to: (i) the financial regulation of insurance companies; (ii) the liquidation and proof of claim process in Illinois; (iii) potential recovery by policyholders of the amount of "covered" workers' compensation claims from state guaranty associations; (iv) policyholder collateral; and (v) planning a response to the Kemper liquidation

Priority of payments provision allows insurer to make settlement payments on covered claims against directors and officers
  • Wiley Rein LLP
  • USA
  • October 25 2012

The United States Bankruptcy Court for the District of Nebraska has held that an insurer may make settlement payments for claims against a debtor’s directors and officers where any claims of the debtor are subordinate to those of the directors and officers under the terms of the policy

Notice of circumstances was too general to satisfy policy
  • Wiley Rein LLP
  • USA
  • June 14 2007

A federal district court in Illinois has held that a policyholder failed to provide sufficient notice of circumstances that could potentially give rise to a claim to trigger coverage under a D&O policy where the policyholder informed the insurers that it was "contemplating" filing for bankruptcy and expected claims to be filed against its directors and officers

Effectively Defending Adversarial Actions Brought Against Former D&Os in Bankruptcy Court
  • Katten Muchin Rosenman LLP
  • USA
  • February 23 2017

For many litigants, the decision whether to prosecute or defend a lawsuit vigorously boils down to a rather basic calculus: What are my chances of

Recoupment - Is it the same transaction?
  • Weil Gotshal & Manges LLP
  • USA
  • February 15 2017

Recoupment is an equitable remedy - not expressly addressed in the Bankruptcy Code - that permits the offset of mutual debts arising out of the same