D&O Insurance: Liberalization Endorsement Allows Insureds to Rely On New Policy Form’s Enhanced Insured Vs. Insured Exclusion Carve-Back

By | The D&O Diary | June 30, 2014
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.

Recent Victory On Behalf of Medical Supplement Insurers Against California Department of Insurance

Recent Victory On Behalf of Medical Supplement Insurers Against California Department of Insurance

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?

By | The D&O Diary | June 27, 2014
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.