News & Analysis as of

Insurance Industry Indemnification

Allen Matkins

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

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

Marshall Dennehey

Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language

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For many years, the rule of law governing claims for contractual indemnification in New Jersey has been well-established under the so-called “Azurak” rule, which requires that, in order for a party to be indemnified for its...more

Woodruff Sawyer

Insuring Fund Liability Risks: A Guide to GPL Coverage for Venture Capital and Private Equity Firms

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Woodruff Sawyer has been a leader in the fund-level General Partnership Liability space since the inception of the insurance product over 30 years ago. In today’s business and regulatory environment, the venture capital,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mitigating Risks in Generative AI Integration: The Importance of Indemnification Provisions

In today’s rapidly evolving technological landscape, the integration of generative AI (“GAI”) has become increasingly prevalent across various professions and industries. From enhancing customer experiences to streamlining...more

Hinshaw & Culbertson - Insights for Insurers

Two Cases Directly Impacting Insurers are Currently Pending Before the United States Supreme Court

Rulings by the United States Supreme Court profoundly impact insurers as businesses and corporate citizens. Additionally, decisions from the U.S. Supreme Court can also influence claims and policyholders' liabilities for...more

Hinshaw & Culbertson - Lawyers for the...

Massachusetts District Court Sides With Insurer Because of Insured’s Failure to Provide Timely Notice of the Claim

Brief Summary - The United States District Court for the District of Massachusetts held that the insured failed to comply with the notice provisions of a claims-made policy. Whether the insurer had actual notice of the...more

Pierce Atwood LLP

Should You Require a Specific Endorsement Naming Your Client as an Additional Insured?

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Additional Insured’s Action Against Insurer Dismissed for Lack of Personal Jurisdiction - The takeaway of this article is for you to consider updating your clients' insurance requirements to require a specific additional...more

Wiley Rein LLP

Insurer Has Duty to Defend BIPA Lawsuit Alleging Violation of Privacy in the Creation of Fingerprint Data

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The Appellate Court of Illinois, First District, applying New York law, has held that an insurer owed a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA) violations because the...more

Adams and Reese LLP

Ask Not for Whom the Blue Bell Tolls

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Fifth Circuit Ruling Against Blue Bell’s Corporate Directors and Officers May Limit Availability of Insurance Coverage in Shareholder Derivative Actions - In a recent ruling, the United States Court of Appeals for the...more

Woodruff Sawyer

Guide to Representations & Warranties Insurance - 2023 Edition

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The use of representations and warranties insurance (RWI or R&W) has become increasingly mainstream; it is used in an estimated 75% of private equity transactions and 64% of the time by larger strategic acquirers. Woodruff...more

Woodruff Sawyer

An Easy-to-Understand Guide to Private Company D&O Insurance - 2023 Edition

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8 Reasons to Buy D&O Insurance - 1. Attracting New Directors: D&O insurance makes board seats more attractive. 2. Investor Requirements: Some venture capital and private equity firms require that their portfolio...more

Snell & Wilmer

A Recent Oregon Court of Appeals Decision Bears on Insurance Coverage for Repair of Construction Defects

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In a February 15, 2023 decision in Twigg v. Admiral Insurance Company, the Oregon Court of Appeals held that an insurance company was not required to indemnify its insured based on a claim for breach of a repair agreement...more

Adams and Reese LLP

Risky Business – Making Indemnities Work

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Businesses and individuals enter into indemnification or hold harmless agreements to protect one party of the transaction from the risks or liabilities created by the other party of the transaction. To defray the costs in...more

Adams and Reese LLP

As U.S. Warehouse Occupancy Hits All-Time Highs, What are the Top Legal Considerations in Contracts?

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Warehouse occupancy across the United States hit an all-time high of 96.7% in 2022, and is projected to hit 96% by the end of 2023, according to the research department of Prologis, Inc., a San Francisco-based real estate...more

Goldberg Segalla

Risk Transfer, Employer Liability and Grave Injuries: Who Is Going to Pay?

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There are four basic causes of action involved in pursuing risk transfer. Two based upon contractual requirements which are known as Contractual Indemnification and Insurance Procurement, and two based upon the common law...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2022

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Technology Insurance Company, as the liability insurer for a landlord, filed a declaratory judgment action against Main Street America Assurance Company, as the liability insurer for the landlord’s tenant, seeking a...more

Cozen O'Connor

Seventh Circuit Affirms Insurers’ Application of Bump Up Provision to Exclude Coverage

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On January 23, 2023, the U.S. Court of Appeals for the Seventh Circuit, in Komatsu Mining Corp. v. Columbia Casualty Company et al., (applying Wisconsin law), affirmed a district court’s holding that a settlement in...more

Dechert LLP

The Claws are Sharpened – SEC finalizes Clawback Regulations under Dodd-Frank

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The Securities and Exchange Commission (“SEC”) on October 26, 2022, adopted final rules1 directing national securities exchanges and associations,2 to establish listing standards that require public companies to develop and...more

Snell & Wilmer

Don’t Be Lazy With Your Tenders of Defense and Indemnity

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Our construction clients may spend significant time, money, and effort refining and updating their contract provisions covering indemnification and the duty to defend claims. Consider spending an appropriate and adequate...more

Snell & Wilmer

Don’t Be Lazy with Your Tenders

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Our clients probably spend significant time, money and effort refining and updating their contract provisions covering indemnification and the duty to defend claims arising on their projects. But they should also consider...more

Rivkin Radler LLP

The Title Reporter — Fall 2022

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry •A federal district court in New York has rejected a lawsuit filed by insureds under a title insurance policy...more

Cooley LLP

Indemnity and Insurance: How Directors and Officers Can Enhance Their Protections

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Whether they are new executive leaders or longtime members of a corporate board, directors and officers should be considering two prongs of protection – a robust insurance program and a tailored indemnification agreement. ...more

J.S. Held

The Assault on Indemnity: Why Now Is the Time to Replace Actual Cash Value Language in Insurance Policies

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Indemnification of the policyholder is a core principle of the property insurance industry. A similar principle holds that the policyholder shall be “made whole” but not put in a better position than it was prior to the loss....more

A&O Shearman

Individuals under investigation: questions to ask regarding D&O cover and company indemnities

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A manager or executive under investigation, either internally by the company, or by an authority, should understand the protection offered by D&O policies and company indemnity contracts, and in particular what those products...more

Woodruff Sawyer

An Easy-to-Understand Guide to Private Company D&O Insurance

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8 Reasons to Buy D&O Insurance - 1. Attracting New Directors: D&O insurance makes board seats more attractive. 2. Investor Requirements: Some venture capital and private equity firms require that their portfolio...more

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