New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | April 10, 2024
While RWI policies are manuscripted policies separately negotiated for each transaction, the vast majority contain arbitration clauses, meaning that claim disputes are resolved privately without published court rulings. The recent ruling in 'Novolex Holdings v. Illinois Union Insurance' sheds some light on one of these claim disputes, while also providing important lessons for insurers and M&A practitioners.
The Legal Intelligencer | Commentary
By Sandra Jones | March 18, 2024
SNTs are usually for the most vulnerable of structured settlement payees as a trusted means of asset protection. SNTs will receive the periodic payments directly from the annuity issuer, and the SNT trustees have a fiduciary duty to spend the trust situs for the benefit of each beneficiary.
New York Law Journal | Analysis
By William G. Passannante and Raymond A. Mascia Jr. | October 1, 2023
In the authors' experience, insurance companies interpret the bump-up exclusion far too broadly and beyond the insurance industry's purported intent behind the exclusion. D&O policyholders should be prepared to resist such coverage denials.
By Brian Wanat | May 24, 2023
Recent, big-name Chapter 11 filings have brought to the light the importance of insurance solutions for companies in financial distress, as companies in this situation face oftentimes new and uncharted issues.
Delaware Business Court Insider
By Ellen Bardash | October 27, 2022
"The securities claim definition at issue here is in a standard form that is used by policyholders across the country," said Keith McKenna, a partner at Cohen Ziffer Frenchman & McKenna.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | September 23, 2022
The clear lesson from this case is that, in connection with a warranty statement, it is important to carefully evaluate known information prior to execution—particularly with respect to government inquiries and proceedings—and to carefully consider the impact of disclosing or not disclosing potentially significant matters.
The Legal Intelligencer | Commentary
By Courtney C.T. Horrigan, Elizabeth L. Taylor and Kya R. Coletta | July 21, 2022
The California court's interpretation turns the duty to defend on its head by going beyond the words in the complaint to infer the plaintiffs' case theory, rather than construing defense coverage broadly to protect the policyholder.
Delaware Business Court Insider
By ALM Staff | June 22, 2022
This suit was surfaced by Law.com Radar. Read the complaint here.
New York Law Journal | Analysis
By John H. FitzSimons and Alexander M. Razi | June 2, 2022
'First Solar' is a significant decision that puts the focus of the analysis of whether claims are related in its proper place, the actual terms of the insurance contract entered into between the insured and the insurer.
Delaware Business Court Insider | Commentary
By Jared Zola | February 10, 2022
Corporations may prefer to pay these costs rather than face a rock-hard D&O insurance market and the seemingly "deny first and ask questions later" attitude of many claims handlers nowadays, or go through the hassle of creating a trust or other alternative arrangement for indemnification.
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