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Landmark Montana Supreme Court Decision Series: Trigger and Allocation

In one of the top insurance-coverage decisions of 2021, the Montana Supreme Court at the end of the year handed,.. Read More

New Year, New COVID-19 Securities Claims Present Continued D&O Exposures

From event-driven litigation and event cancellations to securities claims and regulatory enforcement actions, the COVID-19 pandemic has led to a,.. Read More

Following Record-Setting Year, SEC Opens 2022 With $4 Million in New Whistleblower Awards: Is Your D&O Policy Prepared to Respond?

2022 has kicked off with several new whistleblower awards, as the SEC announced earlier this week that it had awarded,.. Read More

Prison Break: Insurer Seeks to Escape Coverage for Suit Tied to El Chapo

In an appeal to the Ninth Circuit, a private equity firm has asked the court to reverse an order finding,.. Read More

Another State Court Rules That Insurers Cannot Escape COVID-19

Another state court has issued a ruling favoring insurance policyholders in a COVID-19 business interruption dispute. This decision further confirms,.. Read More

Lets Eat Grandma = Lets Eat, Grandma?

To the possible dismay of grammar purists, a federal court recently found that an insurance policy provision meant the same,.. Read More

Tomato-Tomato? New Mexico Court Offers Insurer a $5 Million Reminder that Different Words Have Different Meanings

A New Mexico court recently granted judgment on the pleadings against an insurer and found coverage, reminding the insurer that,.. Read More

Rare Imbalance?Delawares Center of Gravity in D&O Policies Dooms Mining Co.s Appraisal Coverage Claim, But Supreme Court Appraisal Review Looms Large

We have written over the past year about a string of pro-policyholder decisions from Delaware courts. One policyholder, however, recently,.. Read More

Ransomware in 2022: You May Be Screwed, but Without Insurance It Could Always Be Worse

A commentator recently summed up the risk of ransomware attack in 2022: “we’re all screwed.” True enough. But that’s all,.. Read More

Representation and Warranty Insurance and the Collateral Source Rule

After any merger or acquisition, disputes can arise regarding the accuracy of representations and warranties made by the seller to,.. Read More

Policyholder Prevails (Again) in Delaware D&O Retention Dispute

Policyholders have scored another victory in the Delaware Superior Court, this time on the issue of whether a “mergers and,.. Read More

Ohio Appellate Court Upholds Coverage for Cyberattacks Under Commercial Property Policies

An Ohio appellate court held last month that a cyberattack triggered coverage under a commercial property insurance policy in the,.. Read More