BUSINESS OWNER’S GUIDE TO INSURANCE COVERAGE
Business owners are often confronted by the need to explore insurance coverage to evaluate whether claims or problematic events arose requiring insurer involvement and subsequently, insurance coverage expertise. Policyholders need to be mindful and may need to seek counsel expertise to properly clarify and structure their claim submission to avoid traps posed by policy exclusions and conditions in their insurance policy.
Preferred General Partnership Liability ("GPL") Policies for Private Equity Firms
Private equity firms could be spending to much money on their D&O policies to cover their partnerships. Or, they could be leaving considerable gaps in their D&O policies to claims arising out of partnerships. A GPL policy can change all that, saving private equities money and providing critical coverage appropriate for private equity partnerships.
Reach for the Stick: Why Dynamite is Less Dangerous Than "Claims Made & Reported" Policies
Dynamite is inherently risky and should be treated with kid gloves. Nitroglycerin, an element, within the dynamite is susceptible to shock and so must be handled with extreme caution and care. Compared to dynamite, “Claims-Made-and-Reported” policies include a number of traps for the unwary policyholder that if not mindful can result in major losses.
Insurance Coverage Under E&O/D&O Policies for Fraud
In RSUI Indemnity Co. v. Murdock, a D&O policy was found to require the defense of a federal securities action. The court affirmed the trial court’s determination that a Profit/Fraud Exclusion did not apply, because there was no adjudication of the underlying action, which was a requirement for the exclusion.
Expanding Opportunities for Coverage of M&A Transactions in Representation and Warranty Insurance
The prevalence of RWI may lead corporations and their coverage counsel to ask whether it makes sense for them. How big must a deal be to make such a policy worthwhile? What opportunities exist—where can a policy be found, and what limits are available? Are there any pitfalls?
Knowing Where and How to Look for IP Coverage in CGL Policies
Litigating an Intellectual Property dispute raises important questions: When does an insurer have to pay for a defense? Who should notify insurers and when—and which insurers? What if the insurers all say no? What kinds of policies make for favorable recovery prospects?
Insurance Coverage for Intellectual Property Risks
A primer on the types of policies that one may turn to coverage for Intellectual Property issues
Why Policyholders Should Hire Insurance Coverage Savvy Intellectual Property Litigators
Intellectual property litigation proceeds through a variety of causes of action. They can include a number of distinct factual allegations that often in some instances trigger insurance policy benefits entitling policyholders to a defense at their insurer’s expense. While the most common form of business insurance to secure coverage remains the Commercial General Liability (“CGL”) policy. Securing defense benefits under such policies presents increasing challenges.
Buried Treasure
Many professionals with Errors & Omissions Coverage may find that their insurance includes no “advertising injury” coverage despite their widespread use of digital marketing to reach potential new clients. One solution is to secure express coverage for intellectual property (“IP”) infringement claims through an insurer.