The shocking and tragic collapse of the Francis Scott Key Bridge over Baltimore Harbor on Tuesday is already having significant impacts on trade and transportation throughout the East Coast region, with ship traffic in and out of the Port of Baltimore suspended until further notice. As a result, businesses that depend on the Port of Baltimore and its supporting infrastructure for shipment and distribution of cargo are facing significant financial losses in the coming weeks and months. Similarly, as the issues surrounding liability related to the collapse become more clear in the coming weeks and months, companies may find themselves at the center of legal liability claims arising from various aspects of the disaster. Continue Reading Francis Scott Key Bridge collapse implicates several insurances types
D&O coverage dispute? Don’t forget about the Delaware option
Corporations embroiled in coverage disputes with their D&O insurers may be in the unenviable position of having to bring a lawsuit to enforce their rights. One of the first considerations the corporation faces is where it should file its coverage action. Some may assume that they are limited to the jurisdiction where the corporation principally operates or is headquartered, where its D&O policy was “issued” (often the same jurisdiction as it principal place of business), or where the underlying insured matter is centered. But if the corporation is incorporated in Delaware (which many obviously are), then bringing the action in Delaware is an important additional option that the corporation would be well-advised to consider. Of course, this option begs some important questions.
Why would a corporation principally operating outside of Delaware want to bring its coverage action in Delaware, particularly when that may mean giving up its “home field advantage” or incurring additional costs to litigate in a distant jurisdiction? Continue Reading D&O coverage dispute? Don’t forget about the Delaware option