Confronting D&O Insurers’ Efforts To Carve Back Subpoena Coverage
Whether a government subpoena constitutes a “claim” is a frequently contested issue between D&O insurers and their policyholders. D&O policies […]
How To Deal With Insurers’ Litigation Management Guidelines
Insurers have broad obligations to defend claims against their policyholders. However, as policyholders quickly learn when facing a claim, insurers […]
Standard Insurance Policy May Cover Government Subpoena
Responding to a government subpoena presents unique and significant challenges for in-house counsel. Government agencies often wield broad subpoena powers […]
Is a Sealed Lawsuit a “Claim”? Insurance Coverage Issues for Qui Tam Actions
A critical coverage issue under “claims made” liability insurance policies-which typically cover only claims made against a policyholder and noticed […]
Employing Insurance to Protect You From Wage & Hour Suits in Light of Updated Regulations
In 2014, we reported that wage and hour lawsuits—claims in which employees and companies dispute the amount owed to an […]
Foregone Conclusion: Insurers Hire Lawyers To Deny Big Claims Before Evaluating Them
Insurers increasingly are using law firms rather than traditional in-house personnel as claim handlers, particularly on major claims by business […]
A Comprehensive Look at Potential Drone Related Liability and Insurance Coverage Implications
In May, I posted an article regarding the burgeoning use of commercial drones and potential liability associated with state enacted […]
No Special Privileges
Insurers increasingly are using law firms rather than traditional in-house personnel as claim handlers, particularly on major claims by business […]
Don’t Let Pre-Notice Defense Costs Get Away
When a policyholder first learns that they are facing litigation (or any third-party claim), they are immediately confronted with many […]
Website Immunity Under the Communications Decency Act
To encourage the growth of the internet, the Communications Decency Act immunizes companies that host content from liability for that […]
If Robo-Cars Are Perfect, Why Will They Raise Your Insurance Premiums?
The Wall Street Journal recently ran a column centered on a surprising statistic: Self-driving cars, though perfect, get into more […]
As Drones Hit the Sky, Lawsuits Predicted to Fly
The rise of Unmanned Aerial Vehicles (“UAV”), also known as drones, is well-documented. In fact, the global market for non-military […]
President Obama Signs Bill Extending Federal Terrorism Reinsurance Program
Born out of the September 11, 2001 terrorist attacks, on November 26, 2002, President George W. Bush signed into law […]
Have Some Insurers Lost the Forest for the Trees?
The value of confidentiality in settlement negotiations can hardly be disputed. Parties routinely require it, the Federal Rules of Civil […]
Not By “Any Manner” Of Means: Securing Cyber-Crime Coverage After Zurich v. Sony
Much has been written about the New York Supreme Court’s landmark ruling in Zurich American Insurance Co. v. Sony Corp., […]
Wage and Hour Claims: A Look Back on The First Half of 2014
As the mid-point of 2014 fades into the rearview mirror, it is clear that wage and hour claims continue to […]
$2.9 Million Jury Award For Texas Fracking Claim: Lessons for Energy Company Risk Managers
A jury in Dallas recently awarded $2.9 million to a Texas family in one of the first trials involving allegations […]
There is No Need To Be Alarmed By Alarmist Readings of New York’s Most Recent Ruling On Waiver of Notice Defenses
The New York Court of Appeals recently reversed and remanded a lower court’s ruling that insurers had waived their late […]
The False Conception That FCA Claims Are Not Covered
In 2013, the United States Department of Justice recovered $3.8 billion under the False Claims Act (“FCA”), bringing the total […]
Redbox Covers the Nation with Red Box DVD Rental Units, But its CGL Policy Doesn’t Cover Redbox
Companies facing liability for possible violations of privacy protection statutes are continuing to look to their traditional commercial general liability […]
Despite Often Presumed Limitations, Policyholders May Have General Liability Coverage for Supply Chain-Related Breaches of Contract and Damages That Result in Recall
The Eighth Circuit recently confirmed that the all-too-common conceptions that breaches of contract and damages that result in recall are […]
What Do You Get When You Cross March Madness With Insurance?
A chance to win one billion dollars. Quicken Loans and Berkshire Hathaway recently announced that they are teaming up to […]
Given Proliferating Wage & Hour Claims, Specialized Insurance an Important Consideration for Employers
Given a dramatic increase in both the number of wage and hour lawsuits and the average cost to employers to […]
Insurance by Number
Jurist and law professor Richard Posner recently commented on a common problem among lawyers, namely, that they believe they have […]
Three Tricks That Make Negotiations Work
The Forbes Leadership Forum recently published Gilbert LLP Partner Richard Shore’s article on “Three Tricks That Make Negotiations Work“ – […]
Delaware Decision Makes It Increasingly Difficult for Insurers to Evade Coverage for Dissolved Corporations
Can an injured plaintiff obtain compensation from a dissolved company with unexhausted insurance policies and force the insurer to pay? […]
Texas Supreme Court Rejects Insurer Expansion of Limited Exclusion for Liability Assumed by Contract, Compelling Insurer to Defend Construction Defect Dispute
In a highly anticipated ruling earlier this month, the Texas Supreme Court rejected Amerisure Insurance Company’s attempt to radically expand […]
How Insurance Works with Labeling and Duty-to-Warn Lawsuits
Food processors can use existing and new insurance policies in cases involving alleged violations of Prop 65 Labeling and duty-to-warn […]
Lessons from a Recent Wage & Hour Ruling
Wage and hour lawsuits continue to rise and it is clear that they are here to stay. See, e.g., Andrew […]
Insurers Cannot Avoid Coverage Obligations Based on a “Technicality”
The Colorado Court of Appeals recently reiterated that insurers cannot escape their coverage obligations based on “technicalit[ies]” that do not […]
Second Circuit Weighs in on D&O Excess Coverage
A hot topic in the world of directors and officers liability insurance is the application and interpretation of excess coverage. We discuss […]
Recent Ruling Highlights Inconsistent Conclusions Regarding Number of Occurrences by Courts Applying the “Cause” Test
It’s a disturbingly common situation. A youth gets access to the family gun and, accidentally or otherwise, kills or injures […]
Broken Records – Addressing Insurers’ Improper Attempts to Evade Their Discovery Obligations Based on Their Own Poor Record Keeping Systems
The scope of discovery is a hotly contested issue in many insurance coverage disputes. Discovery is an insured’s opportunity to […]
West Virginia Reverses Course to Expand Coverage
In the construction industry, small defects in workmanship can result in dramatic losses. For example, water damage losses arising from […]
Déjà Vu All Over Again: Insurers Argue That Below-Limits Settlements With Underlying Insurers Negate Excess Coverage
If an insured faces liability that demonstrably exceeds the limits of underlying insurance, can an excess insurer avoid its coverage […]
The “Non-Cumulation” Clause: Another Attempt by Insurers to Escape Coverage Obligations
Imagine the following scenario: your company faces thousands of lawsuits because, years ago, it produced a product that people now […]
Recent Decisions Regarding Duty to Warn Could Have Impact on Insurance Coverage
When we hear news of developments in the world of torts that could expand areas of potential liability, we naturally […]
A Recent Development in “Wage and Hour” Insurance
In our August 1, 2012 blog entry titled “Insurance Coverage for Wage and Hour Litigation Claims,” we discussed the recent […]
Is Your D&O Policy Bankrupt-Ready? 10 Underwriting Tips To Protect Your Directors and Officers
Protection of the personal assets of board members and c-suit corporate officers through indemnification and insurance is a challenge for […]
Risk-Management Mechanisms Associated With Gluten Allergies
Approximately 1% of the United States population is allergic to gluten, a protein found in wheat, barley, and rye. For […]
How to Avoid Turning a Settlement with Your Primary Insurer Into a “Get Out of Jail Free” Card for Your Excess Insurer – The Qualcomm Dilemma
Imagine for a moment that you have two customers, Diane and George. Diane and George each owe you money for […]
Substance Over Form: Insurance Notice Requirements Are Met When An Insurer Has Notice From Any Source
Insurers frequently attempt to avoid their coverage obligations by contending that their insureds provided late notice of claims or occurrences. […]
Illinois Appeals Court Reaffirms Zurich v. Raymark, Strengthens All Sums Precedent Under Illinois Law
In a significant victory for policyholders, the Illinois Appellate Court reversed a trial court decision that John Crane, Inc. (“Crane”) […]
Court Affirms that Medical Science Supports “Continuous” Asbestos Trigger
In the recent Plant Insulation case, a California court addressed the evolution of the medical science behind the “continuous” asbestos […]
Four Non-Traditional Mediation and Negotiation Strategies
If your company or organization finds itself engaged in litigation, chances are that the dispute will be resolved in a […]
Sixth Circuit Rules in Favor of Asbestos-Containing Product Manufacturer-Policyholders
Comprehensive general liability policies limit the amount the insurer has to pay for each “occurrence”, which is typically defined as […]
Rise in Food Contamination Calls for Proactive Risk Management in 2013
Despite improvements in food safety over the last two decades, 2012 saw no shortage of recalls due to food contamination. […]
Skirmishes Over Use of Social Media in Litigation Continue to Intensify
Since our prior two posts on the issue, there have been several developments showing that questions about the proper use […]
Ten Things Every Company Needs To Know About Insurance Coverage For Superstorm Sandy
There is a good chance you have coverage. There is a good chance that affected companies have insurance for some […]
Insurance Coverage for Wage & Hour Claims Arising Out of Superstorm Sandy
Although the full scope of Superstorm Sandy’s financial impact will not be known for some time, there is little debate […]
Protecting Your Bottom Line from the Cost of National Association of Securities Dealers and FINRA Investigations
When self-regulatory organizations (“SRO”), such as the Financial Industry Regulatory Authority (“FINRA”), commence an investigation or proceeding, member firms are […]
Recent Ethics Charges Against Attorneys Demonstrate Need for Full Understanding of “Do’s and Don’ts” of Using Social Media As Litigation Tool
As we discussed in an earlier post regarding the use of social media to research potential jurors, the information available […]
Insurance Coverage for Wage and Hour Litigation Claims
There has been a surge in wage and hour litigation recently, and it has been getting a lot of attention. […]
Four Tricks That Make Mediation Work
In an article just published in the Forbes Leadership Forum, I outline four counterintuitive strategies that harness the strengths of […]
Fracking Risk and the Nationwide Underwriting Guidelines
Nationwide Mutual Insurance Co. made headlines in the ongoing debate over hydraulic fracturing earlier this month, declaring that it won’t […]
Companies With Formaldehyde Risks Should Consider Insurance Issues Sooner, Not Later
In June 2011, the U.S. Department of Health and Human Services released a report identifying formaldehyde as a “known carcinogen” […]
How Far Can Lawyers Go in Researching Jurors on Social Media Sites?
As in any case, a favorable jury can be a key component to success in an insurance coverage trial. Selecting […]