New York Law Journal | Analysis
By William G. Passannante | October 11, 2019
The transition in progress from the "profits only" approach of Friedman to an ethos embedded in the legislation proposed by Senator Warren and the public statements of CEO's of public companies will alter corporate behavior and so, inevitably, the D&O liability and insurance landscape.
New York Law Journal | Analysis
By Mikaela Whitman | October 11, 2019
While traditional sources of proof such as legal precedent, expert testimony, an insurers' past acts, industry customs, and legal consensuses (i.e., the Restatement), should certainly be considered, unfair claim settlement statutes likewise should not be overlooked.
New York Law Journal | Analysis
By Daniel A. Rabinowitz | October 11, 2019
Understanding the background and interplay of the insurance laws that govern investments by carriers can provide some context to these developments and also shed light on a key aspect of solvency regulation of this critical U.S. industry.
New York Law Journal | Analysis
By Michael C. Rakower, Melissa Yang and Dami Park | October 9, 2019
ERISA §502(g)(1) vests courts with discretion to award attorney fees and costs in an action brought by a plan participant, beneficiary or fiduciary. This article examines the standards courts apply when assessing motions for these discretionary awards.
By Charles Toutant | September 19, 2019
The Third Circuit said the mere details of the lawyer's death were sufficient circumstantial evidence to show that she knew her actions would end her life.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | September 17, 2019
Courts have wrestled with how to interpret provisions in D&O liability insurance policies defining related claims and interrelated wrongful acts. While New York courts appear to interpret these clauses broadly, recent Delaware case law suggests that Delaware courts will construe the clauses more narrowly. In their Corporate Insurance Law column, Howard Epstein and Theodore Keyes use the recent case 'Pfizer v. Arch Insurance' to discuss this issue.
New York Law Journal | Analysis
By Evan H. Krinick | September 5, 2019
In his Insurance Fraud column, Evan H. Krinick discusses and compares how Florida and New York treat insurance company actions alleging no-fault fraud under their unfair business practices acts—the FDUTPA and GBL §349, respectively.
New York Law Journal | Analysis
By Robin Cohen and Lauren Varnado | August 23, 2019
While coverage ultimately turns on the specific facts and allegations, the policy language, and applicable state law, policyholders should be aware of key considerations and best practices to maximize coverage in sexual abuse cases.
New York Law Journal | Analysis
By Julian D. Ehrlich | August 22, 2019
This article discusses the nature and nuances of the duty to defend.
New York Law Journal | Analysis
By Jonathan A. Dachs | August 19, 2019
One of the most well-established propositions of New York insurance law is that there is no right to cancel a policy of automobile liability insurance retroactively (ab initio) as against an innocent third party, even for fraud or misrepresentation in the procurement of the policy. Such cancellations are, however, allowable against the participants in the fraud. In his Insurance Law column, Jonathan A. Dachs discusses case law on this issue.
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