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
As the preferred place of incorporation for most U.S. companies, Delaware has long been a leader in the development of statutory and common law on corporate governance. In keeping with this role, the Delaware legislature...more
In the finance world, Special Purpose Acquisition Companies (SPACs) are proliferating like Dutch tulips. This year alone, they’ve exploded in popularity, with multitudes of celebrities, politicians, and influencers sponsoring...more
Check your D&O Policy carefully before signing.
In the coming months, we will inevitably see new charges brought by the DOJ against borrowers for false statements made in PPP loan applications....more
5/19/2020
/ Borrowers ,
CARES Act ,
Conspiracies ,
Coronavirus/COVID-19 ,
D&O Insurance ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
False Statements ,
Fraud ,
Paycheck Protection Program (PPP) ,
SBA
In an important decision in the world of professional liability (including D&O and E&O policies), the Seventh Circuit recently held that a “contractual liability” exclusion—i.e., an exclusion for claims “based upon or arising...more
Pillsbury secured an important victory for its client, Solera Holdings Inc., when Delaware Superior Court Judge Abigail LeGrow held—in a matter of first impression anywhere in the country—that a shareholder appraisal action...more
8/30/2019
/ Appraisal ,
Appraisal Rights ,
Breach of Duty ,
D&O Insurance ,
Defense Strategies ,
Denial of Insurance Coverage ,
Excess Policies ,
Fair Valuation ,
Insurance Litigation ,
Litigation Fees & Costs ,
Motion for Summary Judgment ,
Reimbursements ,
Securities Violations ,
Shareholder Demands ,
Shareholder Litigation ,
Shareholder Rights ,
State Securities Claims ,
Summary Judgment ,
Wrongful Acts
When adding new or additional layers to an insurance program, policyholders are often asked to sign a “warranty letter” providing comfort to the prospective insurer that the policyholder is not aware of impending claims....more
Welcome to the latest edition of Pillsbury’s Perspectives on Insurance Recovery. As this 2015 edition of Perspectives demonstrates, our team is working on the most challenging issues—from cyber-insurance and complex claims...more
7/21/2015
/ Bad Faith ,
Certificate of Insurance ,
Commercial Property Owners ,
Construction Contracts ,
Cyber Insurance ,
Cybersecurity ,
D&O Insurance ,
Duty to Defend ,
Earthquake Insurance ,
Errors and Omissions Policy ,
False Claims Act (FCA) ,
Indemnification Clauses ,
Insurance Industry ,
Limitation of Liability Clause ,
Litigation Fees & Costs ,
Mergers ,
Notice Requirements ,
Policy Exclusions ,
Professional Liability ,
Property Damage ,
Property Insurance ,
Storm Water ,
Subrogation
In recent years, purchasers of D&O and professional liability insurance have been stunned to learn that their carriers have denied coverage for a wide range of claims on the theory that their policies do not cover loss that...more
In a case closely watched by industry observers, the New York Court of Appeals, in J.P. Morgan Securities v. Vigilant Insurance Company, No. 113 (NY, June 13, 2013), issued an important ruling in the field of directors and...more