From event-driven litigation to government investigations, 2020 has brought a variety of directors’ and officers’ liability exposures arising from the COVID-19 pandemic. Looking toward the new year, we expect that robust D&O insurance programs will remain of critical importance for companies and their officers and directors in 2021 and beyond.
Continue Reading UK Bill to Create Stricter Reign Over Acquisitions Implicating D&O Insurance
Casey L. Coffey
Insurer Can’t Mute TV Station’s Recovery for $25 Million Malpractice Claim
Posted in Defense Costs, Duty to Indemnify
A D.C. federal judge recently held that an insurer could be responsible to a TV station for more than $25 million in an underlying malpractice suit where the insurer failed to send timely notice preserving its rights under the policy in violation of a Virginia statute.
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Continue Reading Insurer Can’t Mute TV Station’s Recovery for $25 Million Malpractice Claim
Insurer Ordered to Clean Up Robot Vacuum Cleaner’s IP-Related Suit
By Michael S. Levine & Casey L. Coffey on
Posted in Duty to Defend
On November 19, 2020, a Delaware judge ruled in Indian Harbor Ins. Co. v. SharkNinja Operating LLC, et al., that insurer Indian Harbor must defend SharkNinja against underlying patent infringement and false advertising claims despite a patent infringement exclusion.
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Continue Reading Insurer Ordered to Clean Up Robot Vacuum Cleaner’s IP-Related Suit
Recall and Recoup: Georgia Court Denies Insurer’s Early Motion to Escape Contribution Claim Arising from $51 Million Product Recall Coverage Dispute
Posted in Excess Insurance, Recall Insurance
A federal judge has denied an insurance company’s motion to dismiss the claims of another insurer seeking reimbursement and contribution for the $15 million it paid to settle underlying claims arising from a product recall.
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Continue Reading Recall and Recoup: Georgia Court Denies Insurer’s Early Motion to Escape Contribution Claim Arising from $51 Million Product Recall Coverage Dispute
COVID-19 Event-Driven Litigation Continues to Sail
In March, we reported on the initial filing of several securities class action suits arising from the coronavirus pandemic (COVID-19). For example, at the start of the pandemic, shareholders of Norwegian Cruise Lines Holdings, Ltd. filed a class action alleging that the company and certain officers violated the Securities and Exchange Act of 1934. The lawsuit alleged that the cruise line made false and misleading statements about COVID-19 in order to persuade consumers to purchase cruises. This allegedly caused the share prices to be cut in half.
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Continue Reading COVID-19 Event-Driven Litigation Continues to Sail
Federal Judge Refuses to Limit Coverage and Moves Forward with Policyholder’s Claims Against Insurer and Broker
By Michael S. Levine & Casey L. Coffey on
Posted in Business Interruption, First-Party Property
On November 10, 2020, a New York federal judge dismissed an insurer’s counterclaims seeking to cap its exposure under a $15 million sublimit and an order estopping the policyholder from pursuing any additional amounts.
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Continue Reading Federal Judge Refuses to Limit Coverage and Moves Forward with Policyholder’s Claims Against Insurer and Broker
PA Judge Takes A Step in the Right Direction Refusing Dismissal of COVID-19 Claim
By Michael S. Levine & Casey L. Coffey on
Posted in Business Interruption, COVID-19
In another victory for policyholders, a Pennsylvania judge denied an insurer’s early attempt to avoid coverage for losses arising from the COVID-19 pandemic. Although the judge did not explain his reasoning, the denial is positive news for policyholders who are litigating whether COVID-19 causes “physical damage or loss” and whether so-called “virus” exclusions limit or bar coverage for pandemic-related losses.
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Continue Reading PA Judge Takes A Step in the Right Direction Refusing Dismissal of COVID-19 Claim