There is no common law “Insured-Insurer privilege” that protects communications between them, such as the privilege that exists for spousal communications or attorney client communications.
The number of securities class action lawsuit filings during the first half of 2014 was slightly above the number of filings in the first half of 2013.
Floridians Will Not Pay a Surcharge On Insurance Policies for Hurricane Catastrophe Fund Much Longer
Who wouldn’t like a break on their insurance bills? Floridians will be relieved to know they will not have to pay a surcharge on insurance policies for a hurricane catastrophe fund for much longer.
D&O Insurance: Liberalization Endorsement Allows Insureds to Rely On New Policy Form’s Enhanced Insured Vs. Insured Exclusion Carve-Back
On June 19, 2014, in a case involving so many unusual coverage issues that it seems more like a law school exam question than an actual coverage dispute, New York (New York County) Supreme Court Judge Melvin Schweitzer, applying New York law, granted summary judgment for the former directors of the bankrupt Lyondell Chemical Company who sought coverage from their company’s excess D&O insurers for their costs of defending themselves in an adversary action in the bankruptcy proceeding.
Slow, delayed and late replacement and repair is the usual normal state of affairs after major catastrophes.
As a member of our firm’s insurance practice group, I am often asked by clients to conduct comprehensive insurance policy analyses to identify gaps in coverage and uninsured risks.
As a result of the filing of a Writ of Mandate and Declaratory Relief Action by Barger & Wolen LLP Senior Regulatory Counsel Robert W. Hogeboom and Litigation Partner John Holmes, the California Department of Insurance (“CDI”) agreed to cease and desist its practice of requiring insurers to file and pay fees on insurer notices to policyholders policyholder “notices” in connection with Medicare supplement policies.
Halliburton: Procedures and Percentages Part II—Should We Expect Any Changes Following the Supreme Court’s Ruling?
During oral argument in Halliburton v. Erica P. John Fund, No. 13-317, much of the discussion focused on the practical realities of securities litigation, including (i) the procedures available to defendants to rebut the presumption of classwide reliance established in Basic Inc. v. Levinson, 485 U.S. 224 (1988) and (ii) the percentage of cases that make it to summary judgment and trial.
We are taught early on that we are each responsible for our own actions. If we make a mistake that results in damages to someone else, we have to pay for those damages.
On June 25, 2014, in an unexpected development at the end of its current term, the U.S. Supreme Court held in Fifth Third Bank v. Dudenhoeffer that ESOP fiduciaries are not entitled to a “presumption of prudence” in connection with their decision to invest in or maintain investments in employer stock.