News & Analysis as of

Liability Insurance

Presley & Presley

Buffet of Bad Faith Issues

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Standards for extra-contractual recovery vary from state to state to some extent. While the standard for recovery may differ, evidentiary, discovery and interpretation issues overlap and arise in many bad faith cases...more

Woodruff Sawyer

General Partnership Liability: Risk and Insurance Trends for 2025

Woodruff Sawyer on

Rising defense costs, a shifting regulatory environment, and competitive insurance pricing are key trends shaping the general partnership liability (GPL) marketplace as we head into Q4 2024 and 2025. For both the venture...more

Carr Maloney P.C.

Coverage Exclusion Under Commercial General Liability Policy In Light of OCIP

Carr Maloney P.C. on

Understanding coverage exclusions in a subcontractor’s commercial general liability insurance policy can be a daunting task. What the insuring language of the policy appears to provide, may be taken away through a policy...more

K&L Gates LLP

Lay of the Land: Has Washington State Resolved the Condo Liability Problem?

K&L Gates LLP on

Major residential condominium construction has seen a decade-plus lull, due in part to an onerous warranty statute applicable only to condos. The Washington State Legislature significantly changed that statute in 2019, and...more

Morris, Manning & Martin, LLP

Insurer Must Defend Hotel from Allegations of Sex Trafficking, Northern District of Georgia Rules

In a recent opinion, the District Court for the Northern District of Georgia has ordered an insurer to defend an insured hotel from allegations that it negligently or intentionally permitted a minor to be trafficked for sex...more

Woodruff Sawyer

Does a Successor Trustee Need Liability Insurance?

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A successor trustee is the individual named in a trust document to step in as trustee in the event of the original trustee’s death, incapacitation, or resignation. A successor trustee assumes the role of safeguarding the...more

Ankura

Tax Liability Insurance - M&A and Beyond

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During the diligence phase of a transaction, it is not uncommon for a buyer to identify potential tax liabilities that may be caused by a number of situations: uncertainty over a tax structure, an estimated fair market value...more

Allen Matkins

Has Your Corporation Unwittingly Agreed To Indemnify Its "Executives"?

Allen Matkins on

The "usual suspects" when looking for director and officer indemnification requirements are...more

Davies Ward Phillips & Vineberg LLP

Better Late Than Never? Not So for Directors’ and Officers’ Liability Coverage

Directors and officers facing liability claims, including investigations and enforcement proceedings, must pay careful attention to the notice provisions of their directors’ and officers’ (D&O) liability coverage policies and...more

Pillsbury - Policyholder Pulse blog

Narrowing the Professional Services Exclusion: Policyholder Lessons “Arising Out of” Practice Fusion v. Freedom Specialty...

A recent decision by a California appellate court in Practice Fusion, Inc. v. Freedom Specialty Insurance Company, denying the policyholder more than $118 million in Directors & Officers liability coverage based on an...more

Butler Weihmuller Katz Craig LLP

Claimants Can’t Have Their Cake and Eat it Too

Eleventh Circuit Judicially Estops Claimant From Recovering Intentional Tort Judgment Under Errors and Omission Liability Policy - In a rarely seen application of the judicial estoppel doctrine in the third-party coverage...more

Woodruff Sawyer

2024 Guide to Cyber Liability Insurance

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Twenty-one percent (21%) of S&P 500 companies experienced breaches in 2023, according to a report by SecurityScorecard. IBM states the average cost of a data breach globally last year was $4.45 million—a 15% increase over the...more

Woodruff Sawyer

Frequently Asked Questions About Trustee Liability Insurance

Woodruff Sawyer on

Managing the assets left in a trust is a major responsibility: It’s your job to properly manage and administer trust assets to the letter—or potentially face costly legal consequences. In the instance of a lawsuit, trustee...more

K&L Gates LLP

PFAS and Other Emerging Alleged Contaminants Litigation: Mitigating Risk Through Insurance

K&L Gates LLP on

The United States (US) has seen an explosion of litigation in recent years relating to perfluoroalkyl and polyfluoroalkyl substances (PFAS), referred to by some as “forever chemicals” because they are slow to degrade and can...more

Robins Kaplan LLP

A Magnifying Glass on the Notice Prejudice Standard in Massachusetts for Excess Insurers

Robins Kaplan LLP on

What happens between a primary and excess liability insurer when their mutual insured is hit with a verdict $2.15 million over the primary limit and the excess insurer was not put on notice until after the verdict? This was...more

K&L Gates LLP

Ten Things Consumer Packaged Goods Companies Should Do to Manage Co-Manufacturer Relationships

K&L Gates LLP on

Many consumer packaged goods (CPG) companies’ contract with other companies to manufacture goods sold under the CPG companies’ label or brand. These arrangements are called “co-manufacturing” or “contract manufacturing.”...more

Carr Maloney P.C.

The Appellate Court of Maryland Holds Corporate Auto Policies Cannot Extend to Individuals

Carr Maloney P.C. on

This past January, Judge Glenn T. Harrell, Jr. of the Appellate Court of Maryland (ACM) found in favor of an insurance company that disclaimed coverage, under a corporate automobile liability issued to a business, when the...more

Presley & Presley

Interpleader Insufficient to Erase Extra-Contractual Exposure

Presley & Presley on

In states that haven’t passed safe harbor legislation, multiple claimants and insufficient limit claims pose certain challenges to insurers in the claims handling stage. Numerous claimants competing for severely limited...more

Maison Law

California Uber Accidents and Personal Injury Claims

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Uber is a California-born taxi service that relies upon apps on tablets, smartphones, and computers. Requests for service come with a few finger taps rather than hailing for cabs or competing with other taxi riders for...more

Maison Law

Personal Injury Claims Involving Uninsured Drivers in California

Maison Law on

In most states, drivers must have automobile liability coverage to pay damages caused by a driver's negligence. Failure to do so can result in fines and denial of registration. According to the Insurance Information Institute...more

Benesch

Liability Insurance Limits Double for CMVs on July 1st under New Jersey Law

Benesch on

Beginning on July 1, 2024, all owners and registered owners of certain motor vehicles with nexus to New Jersey will be legally required to hold at least $1,500,000 in automobile liability insurance. This new law doubles the...more

Hogan Lovells

ASEA modifica disposiciones sobre seguros para actividades de hidrocarburos.

Hogan Lovells on

La Agencia Nacional de Seguridad Industrial y de Protección al Medio Ambiente del Sector Hidrocarburos (“ASEA”) publicó en el Diario Oficial de la Federación el Acuerdo que afecta las regulaciones de seguros para quienes...more

Vinson & Elkins LLP

Avoiding Investor Pitfalls in Complex Construction Financing Arrangements

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The frontier for construction project investment continues to grow – not just geographically and technologically – but also structurally, in the legal sense. Both equity and debt investors can employ a variety of complex...more

J.S. Held

Impact of the Clean Energy Transition on Asset Retirement Obligations and Environmental Cleanup Costs

J.S. Held on

Introduction: Hidden Challenges of Energy Transition - The evolution of energy transition in the United States has been driven, historically, by advances in new technology, fuel availability, fuel pricing, and, probably...more

Epstein Becker & Green

Preemption, the First Amendment, and Ineffective Assistance of Counsel on Today’s Decisional Menu - SCOTUS Today

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Once again, the U.S. Supreme Court handed down three decisions on a Thursday, each of them substantively important to the individuals involved, but all of them essentially involving the Supreme Court’s instructing lower...more

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