In Verizon Communications Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa. the Delaware Superior Court ruled that Verizon was entitled to a defense under its D&O policy for fraudulent transfer claims. Although the...more
6/4/2021
/ Commercial Bankruptcy ,
Corporate Counsel ,
D&O Insurance ,
Debtors ,
Defense Costs ,
Denial of Insurance Coverage ,
Derivative Suit ,
Fraudulent Transfers ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms ,
Securities Fraud ,
Subsidiaries ,
Verizon
Two phrases combined in a single exclusion—“alleging, arising out of, based upon or attributable to any violation of any law…” and “as respects… unfair trade practices” could inspire carriers to make trouble for policyholders...more
2/3/2021
/ Admissible Evidence ,
Class Action ,
Consumer Protection Laws ,
D&O Insurance ,
Denial of Insurance Coverage ,
False Advertising ,
Insurance Claims ,
Insurance Litigation ,
Policy Exclusions ,
Unfair Competition Law (UCL) ,
Unfair or Deceptive Trade Practices
On January 15, 2019, the Ninth Circuit certified the following question to the California Supreme Court:
Does a commercial liability policy that covers “personal injury,” defined as “injury… arising out of… [o]ral or...more
I recently participated in a panel at the Association of Business Trial Lawyers Annual Meeting – “Bad News Delivered: The Board Meeting and Crisis Management.” Among other topics, the panel discussed the role of insurance...more
I recently participated in a negotiation with an insurer who had denied coverage for an underlying errors and omissions claim in the mid-seven figures. The insurer’s counsel and I exchanged stern letters, each explaining why...more