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New Appleman Premium Online Checklists - § 37.03 Checklist: Evaluating Coverage Claims Under Directors' and Officers' (D&O) Insurance Policies

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 online checklist provides step by step guidance...

John Watkins on Assistance Insurance Coverage Lawyers Can Provide to Other Attorneys

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, counsel may not realize that a claim or dispute is...

Insurance Companies: Why I Love Them and Hate Them

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. Having adequate insurance literally makes...

Cyber Attacks: Are You Covered?

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 companies have third-party comprehensive general...

The Fourth Circuit on "Accidents" and Drunken Driving

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

D&O Insurance: Liberalization Endorsement Allows Insureds to Rely on New Policy Form’s Enhanced Insured vs. Insured Exclusion Carve-Back

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 summary judgment for the former directors of the bankrupt...

Despite Policyholder’s Delayed Notice, Insurer Must Cover Subsequent Claims Related to Earlier Timely Claim

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 later claims related to a timely original claim, the...

D&O Insurance: No Coverage for Enforcement Action Because Claim First Made When SEC Subpoena Served Before Policy Inception

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 under the policy for the costs of responding...

Court Rules No D&O Insurance Coverage for Civil Theft Jury Verdict

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 of treble damages based on the jury’s determination...

D&O Insurance: Insured That Settled Underlying Claim Without Insurer’s Consent Cannot Sue the Insurer for Breach of Contract or Bad Faith

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 Georgia law, entered its opinion in the case based...