Recent Posts

D&O Insurance: Insured That Settled Underlying Claim Without Insurer’s Consent Cannot Sue the Insurer for Breach of Contract or Bad Faith
Posted on 21 Apr 2015 by Kevin M. LaCroix

The Georgia Supreme Court has held that where a policyholder settled an underlying claim without its D&O insurer’s consent, the policyholder cannot sue the carrier for breach of contract or for bad-faith failure to settle. The Court, applying... Read More

Advisen Releases 2012 D&O Claims Trends Study
Posted on 30 Jan 2013 by Kevin M. LaCroix

As numerous observers ( including this blog ) have noted, securities class action lawsuit filings were down in 2012 compared to the previous year and historical averages. It turns out that the downturn was not limited just to securities class action... Read More

While You Were Out
Posted on 8 Sep 2015 by Kevin M. LaCroix

September is here. Labor Day has come and gone. That can mean only one thing – time to put away the surf boards, bungee cords, fencing foils, pogo sticks, nunchuks, hula hoops, light sabers, and unicycles, and get back to work. Yes, it is time to... Read More

Is Climate Change a D&O Insurance Issue?
Posted on 2 Jun 2014 by Kevin M. LaCroix

In a series of letters sent to individual board members of various major energy companies and to a number of participants in the directors and officers liability insurance industry, three environmental groups contend that climate change denial by energy... Read More

D&O Insurance: When is a Claim First Made?
Posted on 21 Feb 2012 by Kevin M. LaCroix

Most management liability insurance policies these days are written on a claims made basis - -that is, they cover claims that are first made during the policy period. But what determines when a claim is first made? A February 15, 2012 decision from... Read More

Goldman Sachs Must Advance Criminal Defense Fees of Former Employee Accused of Stealing Computer Code from the Company
Posted on 5 Nov 2013 by Kevin M. LaCroix

In an October 22, 2013 opinion (here) that underscores the important distinction between indemnification and advancement and that highlights the sometimes surprising extent to which corporate officials are entitled to advancement of their attorneys’... Read More

Advisen Report: Decline in Corporate and Securities Lawsuit Filings Continued in First Quarter
Posted on 23 Apr 2015 by Kevin M. LaCroix

The recent trend toward declining numbers of corporate and securities lawsuit filings continued in the first quarter of 2015, according to a report from the insurance industry information firm, Advisen. If the level of activity in the year’s first... Read More

O.K., This Is a Big Deal: 7th Cir. Reinstates Neiman Marcus Consumer Data Breach Class Action
Posted on 23 Jul 2015 by Kevin M. LaCroix

In a ruling that could provide an important boost future consumer data breach class action litigation, the Seventh Circuit has reinstated the Neiman Marcus data breach lawsuit, ruling that the district court erred in concluding that the plaintiffs’... Read More