Recent Posts

Cyber Attacks: Are You Covered?
Posted on 9 Sep 2011 by Keller and Heckman LLP

If your company collects credit cards, financial data or other personal information from consumers online, make sure you review your insurance portfolio to ensure your company is covered in the event of a "cyber attack." While virtually all... Read More

Insurance Companies: Why I Love Them and Hate Them
Posted on 20 Jul 2011 by johnlwatkins

Over the years, many of my clients have been manufacturers and distributors, many of them international companies. One of the most fundamental principles of risk management for these companies is to make sure they have a well structured insurance program... Read More

The Fourth Circuit on "Accidents" and Drunken Driving
Posted on 29 May 2013 by LexisNexis Communities Staff

The issue in Johnson v. American United Life Insurance Co. [ an enhanced version of this opinion is available to subscribers ], decided last week by the Fourth Circuit. was whether the Plaintiff's husband's death from a car wreck... Read More

Despite Policyholder’s Delayed Notice, Insurer Must Cover Subsequent Claims Related to Earlier Timely Claim
Posted on 18 Jul 2014 by Kevin M. LaCroix

On July 16, 2014, the Eighth Circuit, applying New York law, concluded that because a financial services firm’s professional liability insurance policy was ambiguous on the question whether the policy’s timely notice requirements apply to... Read More

New Appleman Premium Online Checklists - § 37.03 Checklist: Evaluating Coverage Claims Under Directors' and Officers' (D&O) Insurance Policies
Posted on 16 Sep 2010 by Corporate and Securities Law Community Staff

New Appleman Premium Online Checklists - § 37.03 CHECKLIST: EVALUATING COVERAGE CLAIMS UNDER DIRECTORS' AND OFFICERS' (D&O) INSURANCE POLICIES , is one of the 200 coverage checklists in New Appleman Premium Online Checklists. This... Read More

D&O Insurance: No Coverage for Enforcement Action Because Claim First Made When SEC Subpoena Served Before Policy Inception
Posted on 9 Jan 2015 by Kevin M. LaCroix

A recurring D&O insurance coverage issue involves the question of whether or not a subpoena constitutes a claim, as I have noted on prior posts (for example, here ). When this issue comes up, the dispute is usually over whether or not there is coverage... Read More

Court Rules No D&O Insurance Coverage for Civil Theft Jury Verdict
Posted on 16 Mar 2015 by Kevin M. LaCroix

In a summary judgment ruling in a coverage lawsuit arising after a civil jury trial, a Southern District of Florida judge applying Florida law has ruled that there is no coverage under a D&O insurance policy for a jury verdict that included the award... Read More

D&O Insurance: Liberalization Endorsement Allows Insureds to Rely on New Policy Form’s Enhanced Insured vs. Insured Exclusion Carve-Back
Posted on 30 Jun 2014 by Kevin M. LaCroix

On June 19, 2014, in a case involving so many unusual coverage issues that it seems more like a law school exam question than an actual coverage dispute, New York (New York County) Supreme Court Judge Melvin Schweitzer, applying New York law, granted... Read More

John Watkins on Assistance Insurance Coverage Lawyers Can Provide to Other Attorneys
Posted on 27 Jun 2011 by johnlwatkins

By John L. Watkins, Partner, Barnes & Thornburg LLP As an insurance coverage lawyer, I am often asked to assist other lawyers in dealing with insurance issues that affect their clients. Insurance coverage is not intuitive. In many instances... Read More

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