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Lowenstein Sandler LLP

Stitching the Patchwork Quilt: Navigating Policy Coordination and Exclusions in D&O Insurance

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In this episode of “Don’t Take No for an Answer,” Lynda A. Bennett and Alexander B. Corson of Lowenstein’s Insurance Recovery Group examine a recent California Appellate Court decision that underscores the necessity of...more

Lowenstein Sandler LLP

The ABCs of D&O Insurance

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On this episode of “Don’t Take No For an Answer,” host Eric Jesse speaks with Mike Richmond, executive vice president and shareholder at the Horton Group, about the ABCs of D&O insurance, including the three fundamental...more

Lowenstein Sandler LLP

D&O Insurance Myths (Part 1)

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Eric Jesse from Lowenstein Sandler's Insurance Recovery Group dispels some common misconceptions about D&O insurance, including what it covers and why your business needs it. Speakers: Eric Jesse, Partner, Insurance...more

Lowenstein Sandler LLP

An Update From the Front Lines – The Current State of Play in the D&O Market

In this episode, host Lynda A. Bennett is joined by Robert D. Crocitto, President at ARC Excess & Surplus, and Lynn C. Mirabella, Broker at ARC, for a discussion on the dynamics of the Directors and Officers (D&O) insurance...more

Foley & Lardner LLP

How Companies Can Audit Insurance Policies to Determine PFAS Coverage

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Companies operating in the food and beverage industry are dealing with PFAS-related issues on a daily basis. So far, twelve states have passed legislation regulating PFAS, and each of those twelve states explicitly targets...more

Womble Bond Dickinson

Sam Bankman-Fried Case Provides Lessons on Fraud and D&O Insurance

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Sam Bankman-Fried’s criminal trial started this week; and on the same day, he sued one of his director & officer insurers. And a lot of people are asking, why? Is the timing a coincidence or on purpose? Shouldn’t he be...more

Ervin Cohen & Jessup LLP

Traps for the Unwary: Reporting Requirements Under Liability Policies

Companies reporting liability insurance claims need to be aware that the pertinent rules vary depending on whether a policy is “claims made and reported” or “occurrence”. Most, if not all, Directors and Officers and Errors...more

Woodruff Sawyer

Commercial Lines Insurance Market Update – First Quarter 2023

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The basic economic principle of supply and demand is the theme of the first quarter. The supply of capital is driving pricing behavior in all segments of the commercial lines market. Let’s start with the directors and...more

Miller Nash LLP

Cautionary Tales of D&O Bump-Up Exclusions

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For some time now, merger-objection and acquisition-objection litigation against buyers of companies have been on the rise. In years past, these cases often settled for not much more than additional-disclosure agreements and...more

Ward and Smith, P.A.

I am a Volunteer, so I am Protected, Right?: Understanding Director and Officer Liability Insurance for Community Associations

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Community associations ("Associations") act through their board members and officers, who are volunteers and are generally willing to serve because they care about their communities.  Notwithstanding their status as...more

Woodruff Sawyer

Should We Place a Tail Policy on Our Private Company D&O Insurance Before an IPO?

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A question that comes up at the time of an IPO is this: Should we place a tail policy on our private company D&O insurance? Although this is a complex question, the answer is straightforward: No, if you can avoid a past acts...more

Woodruff Sawyer

SPACs: Delaware Opts Out of “Untold Chaos”

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Possibly regretting the repercussions of its recent decision in Delman v. GigAcquisitions3, the Delaware Court of Chancery opted on February 21, 2023, to restore relative peace to dozens of SPACs for which the capital...more

Woodruff Sawyer

What Will 2023 Bring to the D&O Market? Our Webinar Recap

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Woodruff Sawyer’s 2022 D&O Looking Ahead Guide forecasted pricing relief on the horizon. This forecast turned out to be accurate, making 2022 renewals much less painful than 2021 renewals. During the first six months of...more

Woodruff Sawyer

Property Rates Rise and the Cyber Market Improves: Q3 2022 Commercial Market Update

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The third quarter is always pivotal in the insurance market because it is the peak of the Atlantic hurricane season. The number and severity of named storms, and if and where they make landfall, will impact property premiums...more

Woodruff Sawyer

SPAC Liquidations and Extensions Create D&O Insurance Riddles: Part 2

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For a special purpose acquisition company (SPAC) that has not completed a business combination but is approaching its deadline for finding a suitable target, two questions loom large: do we extend or liquidate?...more

Woodruff Sawyer

D&O Looking Ahead Guide - D&O Considerations for 2023

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The first half of 2022 brought rapid and dramatic change to the world of US public company D&O insurance. It feels like 2021 is a distant memory: the hot IPO market has cooled, SPAC IPOs have ground to a near halt, and...more

Woodruff Sawyer

Looking Ahead to 2023: A Guide for D&O Insurance Renewals [Report]

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Woodruff Sawyer’s 10th annual D&O Looking Ahead Guide is here. In it, you will find expert insights to help guide your 2023 directors and officers (D&O) liability insurance program renewal. Read on for a summary of the...more

Lowenstein Sandler LLP

D&O Insurance: Better to Have it And Not Need it Than Need it And Not Have it

Michael D. Lichtenstein and Andrew Reidy of Lowenstein’s Insurance Recovery Group speak with partner Mark Schamel and associate Christopher Schafbuch, of the firm’s White Collar Criminal Defense practice, about what...more

Woodruff Sawyer

Rates Continue to Decelerate in Many Areas: Q1 2022 Commercial Market Update

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Market stabilization is the theme as we closed the first quarter of 2022. We monitored the first quarter earnings releases of commercial insurers carefully to detect trends. All the top commercial lines insurers reported rate...more

Woodruff Sawyer

Placing D&O Insurance in Russia

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In our work with multinational corporations, we routinely place insurance programs with locally admitted policies around the world, including Russia. However, on March 15, 2022, Vladimir Putin signed a law prohibiting...more

Woodruff Sawyer

M&A Litigation: Bump-Up Exclusions Update

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One of the trickiest issues for D&O insurance is the so-called “bump-up” exclusion. My colleague Gil Isidro, an expert when it comes to the nuances of D&O contractual language, breaks down the current state-of-play....more

Ervin Cohen & Jessup LLP

Overcoming Intellectual Property Exclusions In Insurance Policies

A key challenge for policyholders seeking coverage under commercial general liability, directors and officers and other insurance policies is the presence of the so-called “intellectual property exclusion.” In a typical...more

Benesch

Insurance Coverage Issues in the Midst of COVID-19

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The 2019 novel coronavirus (“COVID-19”) continues to disrupt everyday life and scientific experts and world leaders agree that there is no concrete end in sight. Policyholders are understandably concerned wondering if their...more

Holland & Knight LLP

A Look at Insurance Coverage Issues Related to COVID-19

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The new coronavirus (COVID-19) has impacted businesses from nearly every sector of the economy. Delays, furloughs, cutbacks, layoffs, shutdowns, etc., have prompted a common question – will insurance cover any losses related...more

Foley & Lardner LLP

Managing the Commercial Impact of the Coronavirus: Top Five Considerations Regarding Insurance Coverage

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As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world, businesses are now confronting significant and unique challenges. Successful navigation of these challenges...more

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