Much of the commentary on insurance issues arising from the COVID-19 crisis, including multiple posts on this blog, understandably has focused on recovery under first-party property policies providing business interruption coverage for losses incurred due to office closures, government orders, extra expenses, and other direct costs experienced by employers. There is a much broader
Antitrust
Antitrust: Yes, There’s Coverage For That
By Lorelie S. Masters & Michael S. Levine on
Posted in D&O
The May 13, 2019 decision by the US Supreme Court in Apple, Inc. v. Pepper has brought antitrust concerns, and the insurance issues they raise, front and center. While Apple, Inc., of course, is a publicly traded company, private companies can also fall victim to these issues and need to look to coverage for protection. …
Optimizing Antitrust Coverage in Private Company D&O Policies
By Michael S. Levine on
Posted in D&O
Hunton Andrews Kurth LLP partner Lorie Masters, partnering with insurance broker Marsh and others, analyzed the often complex issues raised by the insurance coverage actions posed by actions alleging violations of antitrust laws. “Optimizing Antitrust Coverage in Private Company D&O Policies,” published by Marsh in Insights. Investigations invoking antitrust laws raise the prospect of …
No Easy Out For AIG in $67 Million Antitrust Coverage Suit
By Michael S. Levine on
A federal court in New Jersey recently held that the construction of an ambiguous policy term is not a matter suitable for judgment on the pleadings, thus denying AIG from avoiding coverage for a $67 million antitrust settlement. Rather, the only way to establish the meaning of an ambiguous term, the court explained, is to ascertain the intent of the parties, which requires “meaningful discovery.”
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