Monthly Archives: October 2009

New content coming!

New posts coming!Loyal readers, I know that I have not updated the site with new content for longer than I’d prefer.  Rest assured that I have been working on a number of pieces, all of which are close to being finished.  I’ll either make them available here or put links here so that you can get to the content.

But for those of you who are hungry for more content, here’s an overview of the pieces that are coming:

  1. Insurance coverage for an improperly named insured.  The article discusses an insurance company’s duty to defend a lawsuit brought against an insured wrongly named in or served with a complaint.
  2. Insurance coverage for data breaches.  The article discusses the various forms of insurance that should respond to allegations of a data breach.
  3. Discovery of reinsurance in the context of insurance coverage litigation.  Recent cases and other materials have demonstrated that reinsurance is relevant to insurance coverage disputes, and the piece provides both an overview of why and a discussion of new decisions and public information confirming the relevance.
  4. Insurance coverage for trespass to chattels claims.  Trespass to chattels is probably something you’d never think that you’d hear after the first year of law school ended.  But the theory has been used recently in the context of cyber security claims.  The piece discusses insurance coverage for such allegations.
  5. Insurance coverage for cloud computing risks.  Cloud computing is the next big thing, it seems.  Insurance for such risks will have an ever increasing importance as cloud computing becomes more prevalent, and this piece discusses potential sources for coverage for such risks.

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.
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Steve Goldberg: “Insurers Too Often Want to Weasel Out of the D&O Insurance They Sold.”

WeaselShould this be the new corporate mascot for insurance companies?  The weasel?  Maybe so, based on the title of my colleague, Steve Goldberg’s post:  “Insurers Too Often Want to Weasel Out of the D&O Insurance They Sold.”

Steve explains over at the Catastrophic Insurance Coverage blog that “Fortunately, [insurance companies] don’t always succeed, as evidenced by the recent decision discussed below.”

In his post, Steve gives a nice analysis about some of the arguments that insurance companies make when trying to deny coverage for D&O claims.  Steve starts out by explaining:

One of the many ways that some insurance companies try to avoid honoring their obligations under D&O insurance policies is to claim that one of the many insureds included within the coverage of the policy took some action that assisted the plaintiffs in the lawsuit against the company and its directors and officers. In doing so, they rely upon the insured vs. insured exclusion. That exclusion is frequently called by way of shorthand the IVI exclusion.

The line from Steve’s post that struck me as most important for corporate policyholders, directors, and officers to keep in mind is:

The moral of these two cases is simple: when the stakes are high, as they most always are in these types of D&O coverage disputes, an insured needs to be ever vigilant and perhaps aggressive when dealing with its carriers as the carriers will often themselves be quite aggressive in seeking to deny coverage.

Steve goes on to discuss recent authority in which courts refused to let insurance companies weasel out of their D&O policy obligations.  It’s worth clicking over to Steve’s blog, the Catastrophic Insurance Blog, and giving the piece a read.

rssAnd if you haven’t already added Steve’s feed to your newsreader, here’s the link to do so.  I added the feed to my Google Reader subscription list as soon as I saw the blog go live.  You can also add the feed for the Corporate Insurance Blog to your newsreader by clicking here.

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.
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