Updates, analysis and breaking news for commercial policyholders.
Articles: 81-90 of 614
Delay and Disorganization ≠ Failure to Cooperate
USA - April 3 2024 Insurance policies usually have cooperation clauses requiring policyholders to work with the insurance company when making a claim. These clauses…
Recent Delaware Coverage Decisions on Relatedness Leaves D&O Claim Uncertainties
USA - April 1 2024 Directors and officers (“D&O”) liability insurance policies typically include provisions that aim to treat two or more “related” claims as a single…
Treasurer’s Payment Mistake Requires Defense Coverage Under Property Association’s D&O Policy
USA - March 27 2024 A federal court recently ruled that a carrier must defend its policyholder against a claim involving the Treasurer’s erroneous payment to a scammer…
Avoiding Rescission of Insurance Coverage: An Insured’s Worst Nightmare
USA - March 12 2024 No policyholder wants to hear the word “rescission” in the context of an insurance claim. The reality, however, is that when policyholders complete…
Recent Suit Filed in California Federal Court May Offer Glimpse Into Adjudicating RWI Disputes
USA - March 5 2024 A software company—Zywave, Inc. (“Zywave”)—recently filed a lawsuit in California federal court that may provide rare insight into how courts will…
Broad Forum Clause Favors Policyholders’ Choice of Venue
USA - February 27 2024 The Washington Supreme Court’s recent en banc decision in Pacific Lutheran University et al. V. Certain Underwriters At Lloyd’s London et al. Looked…
Government Investigations and M&A Transactions: Recent California Case Highlights Potential D&O Coverage Gaps
USA - February 22 2024 Last week, a California federal judge held that a D&O liability insurer must advance subpoena-related defense costs on behalf of two former biotech…
Data Breach Putative Class Action Questions Whether Broker Was Swift Enough in Notice and Response
USA - February 21 2024 While America was tuned into the big game, one California insurance broker faced its own treacherous showdown in the form of a putative class action…
Sixth Circuit Holds Settlement for Fraudulent Transfers Insurable Under Ohio Law
USA - February 13 2024 D&O, E&O, and other professional liability insurers often raise the insurability, or rather “uninsurability” loss defense. Consistent with our prior…
Judgment Proof: Reducing Litigation Exposure with Litigation Risk Insurance
USA - February 12 2024 It is not just your imagination: verdicts are getting bigger. So-called “nuclear verdicts” have increased in size and frequency over the past decade…
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