In a new letter to all financial institutions supervised by the Board of Governors of the Federal Reserve System, the Federal Reserve cautioned directors and officers about the potential limitations of director and officer...more
AG's Letter a Prior "Demand," Eliminates Exec's Defense -
Why it matters -
A letter stating that a government entity "may" bring an enforcement action against the policyholder if it did not "voluntarily" cease...more
Recent Lawsuit Underscores Critical Lessons for Purchasers of Cyber Insurance -
Why it matters: Columbia Casualty Company v. Cottage Health Systems was filed on May 7, 2015, in the Central District of California. Cottage...more
5/21/2015
/ Attorney-Client Privilege ,
Commercial General Liability Policies ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Insurance Industry ,
Insurance Litigation ,
Lead Paint ,
Liability Insurance ,
Pollution Exclusion ,
Privilege Waivers ,
Professional Service Exclusion ,
Settlement ,
Sun Capital Partners ,
Work-Product Doctrine
California Appellate Court: All Claims “Arising From” Ponzi Scheme Are Precluded -
Why it matters: Concluding that any claims related to a Ponzi scheme—even if they involved different investors, investments, or...more
5/7/2015
/ Appeals ,
Arbitration ,
Broker-Dealer ,
Claims Made Policy ,
Class Action ,
D&O Insurance ,
GA Supreme Court ,
Insurance Litigation ,
Investment Adviser ,
Liability Insurance ,
Policy Exclusions ,
Ponzi Scheme ,
Workplace Injury
Legal Issues Not Proper Expert Testimony -
Why it matters: As a good reminder concerning the boundaries for admissibility of expert opinions, a federal court in Texas recently granted a policyholder’s motion to strike an...more
4/4/2015
/ Asbestos ,
Asbestos Litigation ,
Buckyballs ,
Claims Made Policy ,
Duty to Defend ,
Expert Testimony ,
Indemnification ,
Insurance Industry ,
Intellectual Property Litigation ,
Liability Insurance ,
Medical Malpractice ,
Policy Exclusions
More Important Rulings From J.P. Morgan's New York Coverage Litigation -
Why it matters:
A New York Appellate Court unanimously held that a group of insurers could not invoke a Dishonest Acts Exclusion in a...more
1/30/2015
/ Bear Sterns ,
Duty to Defend ,
Enforcement Actions ,
Insurance Litigation ,
JPMorgan Chase ,
Late Notices ,
Liability Insurance ,
NYSE ,
Policy Exclusions ,
Professional Liability ,
Securities and Exchange Commission (SEC) ,
TCPA
South Carolina Court Holds That Absent Substantial Prejudice, Late Notice Does Not Bar Insurer’s Coverage Obligations -
Why it matters:
A federal court in South Carolina ruled that absent a showing by an insurer...more
Why it matters -
In the latest decision to weigh in on the scope of the Insured v. Insured exclusion, a California court has held that it is ambiguous as applied to suits brought by the FDIC, and therefore does not...more
Lab’s “Body Bag” Presentations Triggered Coverage For Defamation Claims:
Why it matters -
We’ve all sat through some pretty boring PowerPoint presentations. But the lesson from a recent decision: it might be a...more