LexisNexis® Legal Newsroom
White Paper: Insurance Coverage for Products Liability Claims Arising from Airline Disasters

By Selena Linde, Partner, Perkins Coie LLP Numerous lawsuits have been filed related to Air France Flight 447, which crashed in June 2009 en route from Rio de Janeiro to Paris, leaving 228 people dead. A number of wrongful death lawsuits have been filed that allege product liability claims against...

Eruptions and Disruption But No Indemnification

This article explains the liability faced by air carriers arising out of the closure of most of Europe’s airspace for six days in April 2010, the lack of insurance to cover that loss and the new products being considered to cover such eventualities in future. Europe is now reflecting on the...

Passengers and Airlines Not Likely to Find Sympathetic Ears at Insurers

This article explains the liability faced by air carriers arising out of the closure of most of Europe’s airspace for six days in April 2010, the lack of insurance to cover that loss and the new products being considered to cover such eventualities in future. Europe is now reflecting on the...

Guest v. Allstate Insurance Co.: Client-Caused Conflict Is Not a Profit Opportunity

By William T. Barker, Partner, SNR Denton In Guest v. Allstate Insurance Co. , No. 31,602 (N.M. Oct. 25, 2010), Allstate first agreed to indemnify its counsel against a third-party lawsuit, then refused, later agreed again, and then got into a dispute about protecting counsel's malicious prosecution...

Review of 2011 Texas Legislature 82R House Bills and Senate Bills

By Stuart D. Colburn, Shareholder, Downs Stanford The 2011 Legislature considered 46 bills directly affecting and 12 (depending on how you count) bills indirectly affecting workers’ compensation. The following is a review of the 12 bills sent to the Governor for his consideration. [An Update...

Oil Field Service Company Settles Claims Related To Oil Spill Litigation

NEW ORLEANS - (Mealey's) Weatherford International Ltd. announced June 20 that it has reached a $75 million agreement with BP LLC to settle any claims between the companies relating to the Deepwater Horizon incident and oil spill ( In re: Oil Spill By The Oil Rig "Deepwater Horizon" In...

The June 2011 Release of New Appleman New York Insurance Law is Now Available on Lexis.com

The newest release of New Appleman New York Insurance Law is available on lexis.com as of June 23, 2011. The release contains updates to reflect recent case law and interpretations issued by the Department of Insurance and the Office of General Counsel, as well as recent statutory and regulatory amendments...

HB Announces 4 High-Level Insurance Law Programs, Free for In-House Counsel

BERWYN , Pa. - In-house counsel at insurance carriers and policyholder companies are invited to attend four programs in New York City on some of the most urgent topics they face today, HB CEO Tom Hagy has announced. While open to attorneys and others for a fee, the programs are free to a limited number...

Taking a Look at the Limits of Indemnification

Indemnification is the first and most important line of defense for the protection of directors and officers. But corporate officials are not always entitled to indemnification. For example, under Delaware law, they cannot claim mandatory indemnification if their defense is not successful. And they...

California Adopts "All-Sums-With-Stacking" Doctrine for Continuous and Progressive Property Damage Liability Claims

By Andrew B. Downs , William J. Rusteen , Attorneys, Bullivant Houser Bailey PC Last month, the California Supreme Court issued its long-awaited ruling in State of California v. Continental Insurance Company , 55 Cal. 4th 186 (Aug. 9, 2012). The court adopted an "all-sums-with-stacking"...

Thinking About the Limits of Corporate Officials' Defense Cost Advancement Rights

In addition to indemnification, corporate directors and officers also may have the right under applicable law and corporate by-laws to have their costs of defense advanced before the ultimate right to indemnification has been determined. A question that often arises is whether a corporation may withhold...

More Thoughts About Corporate Officials' Defense Cost Advancement Rights

An important accessory to the indemnification rights of directors and officers is their right to have their defense expenses advanced while the claims against them are pending, before their ultimate right to indemnification has been determined. A frequently recurring issue is the question of when the...

Protection for Public Company Directors and Officers: Indemnification and Insurance

In an environment where public company directors and officers face increasing scrutiny and expanding liability exposures, the indemnification and insurance protections available to them are increasingly important. A July 15, 2013 memorandum from the Gibson Dunn law firm entitled “Director and Officer...

Indemnification Claim Dismissed as Premature by Delaware Court of Chancery

Huff v. Longview Energy Co . , C.A. No. 8453-CS (Del. Ch. Aug. 12, 2013) [ an enhanced version of this opinion is available to lexis.com subscribers ]. This short letter ruling granted a motion to dismiss a claim for indemnification pursuant to DGCL section 145(c) based on the reasoning that the claim...

Goldman Sachs Must Advance Criminal Defense Fees of Former Employee Accused of Stealing Computer Code from the Company

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’ fees when claims are filed against them, District...

Underwriting Is a Risk Taking Exercise – Car Crusher Not a Trailer

An insurance company is entitled to determine for itself what risks it will accept, and therefore to know all the facts relative to the condition of the applicant’s property. It has the unquestioned right to select those whom it will insure and to rely upon him who would be insured for such information...

Beware: Indemnification May Create Privity Under IPR Statutes

Indemnification Obligation May Trigger IPR Clock Indemnification from a claim of patent infringement is a common warranty in contractual agreements for the exchange of technological goods. In the event of an infringement claim against the contracted goods/services, a demand for indemnity triggers...

New York: Employer of Undocumented Alien Still Enjoys Exclusivity in Third-Party Action Claiming Indemnification or Contribution

A New York appellate court recently held that an employer does not forfeit the exclusivity defense in third-party actions for indemnification or contribution filed against it on the basis that the employer hired an undocumented alien. The third-party plaintiff contended that the employer should not be...

Supreme Court To Insurers: SIR You Listening? Examine Your Self-Insured Retention Provisions

It is natural for insurers to look at coverage decisions and consider whether they call for any changes to their own policies. But, as a practical matter, only some decisions (or trends of decisions) can serve as a catalyst for amendments to policy language. Insurers that issue policies with a self...

Delaware Court of Chancery Addresses Advancement and Indemnification of Corporate Officer

In Pontone v. Milso Industries Corp . , C.A. No. 8842-VCP (Del. Ch. Aug. 22, 2014), the Delaware Court of Chancery addressed the rights to advancement and indemnification of attorneys’s fees for a corporate officer pursuant to both DGCL Section 145 and applicable agreements among the parties [an...

Who Is an “Officer”? A Critical Inquiry For Indemnification and Insurance

Many companies provide advancement, indemnification and insurance benefits and protection for their officers and directors. However, it is not always clear who is an “officer” for purposes of claiming the benefits and protection. The long-running and high-profile saga of Sergey Aleynikov...

LexisNexis Author William T. Barker To Speak at 1st Annual Bad Faith Litigation Strategies ExecuSummit on "Recent Developments in Third-Party Bad Faith: The American Law Institute Principles of the Law of Liability Insurance."

On November 4, 2014, LexisNexis author William T. Barker will speak at the 1st Annual Bad Faith Litigation Strategies ExecuSummit on "Recent Developments in Third-Party Bad Faith: The American Law Institute Principles of the Law of Liability Insurance." Mr. Barker is the co-author, (with Ronald...

Is a Vice President an Officer Entitled to Indemnification or Advancement?

By Angela Elbert This question didn’t seem to be that complicated at first blush. Now it is. The Third Circuit’s recent ruling that a former Vice President of Goldman Sachs is not necessarily an officer entitled to indemnification/advancement potentially changes the landscape on this...

Is that Covered? Insurance and Indemnity Clauses

By Michael R. Kelley Many contracts contain clauses requiring parties to carry insurance and to agree to indemnify one party or another in the event of a lawsuit. Such language is typical in lease agreements, distribution contracts, and construction deals, to name a few. But, what does this language...

New York: Significant Injury to Hand Does Not Constitute, However, “Grave Injury” Under § 11

In New York, a defendant sued in tort by an injured worker may seek contribution and/or indemnification from the employer if, among other things, the worker sustained a “grave injury” as defined by N.Y. Work. Comp. Law § 11. A state appellate court held that a third-party complaint should...