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Commercial Insurance Policies D&O Insurance Policy Exclusions

Woodruff Sawyer

Q2 2024 Commercial Insurance Market: Positive Conditions Across Most Segments

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Insurance buyers enjoyed favorable market conditions across most segments of the commercial lines market in the first half of 2024. D&O and Cyber led the way in premium decreases, even benefiting companies with claims...more

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

Wiley Rein LLP

Breach of Contract Exclusion Bars Coverage for Judgment Rendered in Employment Dispute

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The United States District Court for the Eastern District of Louisiana, applying Louisiana law, has held that an insurer does not need to cover a monetary judgment rendered in favor of two former employees of the insured...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

Woodruff Sawyer

Looking Ahead to 2024: A Guide for D&O Insurance Renewals [Report]

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Woodruff Sawyer’s 11th annual D&O Looking Ahead Guide features proprietary research and expert insights to help guide your 2024 directors and officers (D&O) liability insurance program renewal. In this article, we’ll...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

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

Ervin Cohen & Jessup LLP

Are Consumer Protection or False Advertising Claims Covered By Insurance?

​​​​​​​Whether consumer protec­tion or false advertising claims are covered by insurance depends on the kind of insurance policies in play. For ex­ample, coverage for such claims under a CGL policy is unlikely be­cause an...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

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

Jenner & Block

Insurance Law Update Volume 8, Issue 9 | November 2021: District Court Rejects “Bump-Up” Exclusion in Favor of...

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A recent policyholder favorable ruling from the Eastern District of Virginia adopted a narrow, strict construction of a “bump-up” exclusion in a directors’ and officers’ liability policy. Following a “reverse triangular...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

King & Spalding

D&O Coverage for COVID-19 Coronavirus-Related Lawsuits

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The COVID-19 coronavirus (“coronavirus”) pandemic has caused significant financial and economic turmoil around the globe. Governments have announced unprecedented travel restrictions, global supply chains have been...more

Snell & Wilmer

Commercial Impact From the Coronavirus Outbreak – Review Force Majeure and Material Adverse Change Clauses, and Potential...

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Businesses across a wide range of industries are grappling with how to address the practical and legal concerns that have been created by the COVID-19/coronavirus outbreak. Businesses have started asking when and how they...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - June 2015 #3

No Policy? No Problem, The First Circuit Rules In A Coverage Dispute - Why it matters: This case addresses the standard for pleading a missing insurance policy where the alleged insured, a private educational...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - June 2015 #2

No Policy? No Problem, The First Circuit Rules In A Coverage Dispute - Why it matters: This case addresses the standard for pleading a missing insurance policy where the alleged insured, a private educational...more

Farella Braun + Martel LLP

Mind the Gap! Avoiding Unexpected Gaps in Insurance Programs

No one insurance policy covers all liability risks. Risk managers expect to purchase several types or layers of insurance to cover different types of insurance liabilities, to provide sufficient limits for a catastrophe loss,...more

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