Insurance Law

Recent Posts

Texas Court Holds Suit Under D&O Policy Not Ripe for Declaratory Judgment
Posted on 13 Feb 2014 by Brian Margolies

In its recent decision in American Construction Benefits Group, LLC v. Zurich Am. Ins. Co., 2014 U.S. Dist. LEXIS 5147 (N.D. Tex. Jan. 15, 2014) [ enhanced version available to lexis.com subscribers ], the United States District Court for the Northern... Read More

D&O Coverage: The Devil Is In the Details
Posted on 13 Aug 2014 by Mary McCutcheon

A five-paragraph opinion by the New York Appellate Division suggests the potentially devastating consequences of ignoring the fine print of Directors & Officers Liability insurance policies. In Associated Community Bancorp., Inc., et al. v. St. Paul... Read More

Stanford Directors And Officers Insurance Barred By Money Laundering Exclusion
Posted on 18 Oct 2010 by Jennifer Hans

HOUSTON -- (Mealey's) Insurers have proven that their policies' money laundering exclusion precludes coverage for directors and officers insureds' defense costs in underlying criminal and SEC litigation involving the alleged Stanford Ponzi... Read More

LexisNexis® Insurance Law Community Podcast: Tim Burns on D&O Insurance Disputes and Arbitration
Posted on 5 Feb 2012 by LexisNexis Legal Business Community Staff

On this edition, Timothy Burns of Perkins Coie LLP discusses D&O policies and arbitration, consolidation issues and multiple insurers, the rise in disputes over defense costs and special issues involving excess insurers and consent. Mr. Burns is the... Read More

When Whistleblowers Strike, Give a Little Whistle for D&O Insurance
Posted on 3 Apr 2014 by Anderson Kill

Anderson Kill presents its 11th annual D&O seminar: When Whistleblowers Strike, Give a Little Whistle for D&O Insurance When: Wednesday, April 09, 2014, 3-5 p.m.; cocktail reception follows Where: The Westin Times Square, 270 West 43rd Street... Read More

Washington Appellate Court Enforces Strict Exhaustion Language in Excess Directors and Officers Liability Policies
Posted on 2 Jan 2014 by Troutman Sanders

By Leslie S. Ahari and Gabriela A. Richeimer The State of Washington has joined the growing list of jurisdictions that have enforced strict exhaustion language in an excess policy’s insuring agreement in favor of the excess carrier in situations... Read More

Perkins Coie LLP on Britt v. Twin City: Private Equity Firms Should Review the Scope of the Insurance Purchased to Cover Claims Against Them and the Individuals They Place as Directors
Posted on 19 Aug 2013 by Perkins Coie

The recent decision in Britt v. Twin City Fire Insurance Co. , C.A. No. 8SACV 12-1355-JST (JPRx), slip op. (C.D. Cal. June 26, 2013), highlights important insurance considerations for private equity funds and the individuals they place as directors or... Read More

10th Circuit Certifies Late Notice and Reporting Questions to Colorado Supreme Court
Posted on 19 Mar 2014 by Brian Margolies

In its recent decision in Craft v. Philadelphia Indem. Ins. Co ., 2014 U.S. App. LEXIS 2680 (Feb. 11, 2014), [ enhanced version available to lexis.com subscribers ], the United States Court of Appeals for the Tenth Circuit, applying Colorado law, had... Read More

Halliburton Decision May Drive Up Litigation Costs and Impact Settlement
Posted on 10 Jul 2014 by Amanda Hairston

The U.S. Supreme Court’s recent decision in Halliburton Co. v. Erica P. John Fund, Inc. , [ enhanced version available to lexis.com subscribers ], is not the game changer for securities litigation that some hoped for, but D&O insurers will be... Read More

Final Adjudication of Regulatory Enforcement Actions and Its Effect on D&O Insurance Coverage: Recent Developments
Posted on 25 Aug 2014 by Mealeys

By Gregory J. May, Partner, Nelson Mullins Riley & Scarborough LLP In the wake of the 2008 crash, federal regulators, including the Securities and Exchange Commission ("SEC") and the Federal Deposit Insurance Corporation ("FDIC"... Read More

D&O and Professional Liability 2013 - A Year In Review
Posted on 28 Apr 2014 by Troutman Sanders

Troutman Sanders is pleased to announce the release of 2013 | A Year In Review . This free annual publication by the Insurance Section highlights many of the key decisions delivered in 2013 by courts in nearly every jurisdiction of the country regarding... Read More

Surge of Securities Litigation Against U.S.-Listed Chinese Companies Raises Critical D&O Insurance Issues
Posted on 28 Jul 2011 by Kevin LaCroix and Peter Gillon

By Kevin M. LaCroix, Esq., Executive Vice President, OakBridge Insurance Services and Peter M. Gillon, Partner, Pillsbury Winthrop Shaw Pittman LLP One of the most distinctive U.S. litigation trends over the last twelve months has been the surge... Read More

Traub Lieberman Insurance Law Blog: Mississippi Court Holds D&O Policy Not Triggered By Real Estate Scheme
Posted on 21 May 2013 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in State Farm Fire& Cas. Co. v. Anderson , 2013 U.S. Dist. LEXIS 57837 (S.D. Miss. Apr. 23, 2013) [ enhanced version available to lexis.com subscribers... Read More

Does a D&O Policy That Expressly Covers Antitrust Claims Exclude Antitrust Damages?
Posted on 3 Apr 2014 by Seth Lamden

By Seth Lamden According to the court in William Beaumont Hospital v. Federal Insurance Co ., No. 13–1468 (6th Cir. Jan. 16, 2014) [ enhanced version available to lexis.com subscribers ], the answer is "no." The court in that case... Read More

Directors and Officers Insurance: Separate Claims Deemed a Single Claim--What Are the Implications?
Posted on 21 May 2013 by Kevin M. LaCroix

By Kevin M. LaCroix, Esq., Executive Vice President, OakBridge Insurance Services As I have previously noted (refer for example here ), one of the most vexing issues in the D&O claims arena is the questions of whether or not two claims are or are... Read More