Archives: Corporate and Transactional Insurance Coverage

Subscribe to Corporate and Transactional Insurance Coverage RSS Feed

Tailoring insurance to protect transactions and contingent risks

By Luke Debevec on Posted in Corporate and Transactional Insurance Coverage, Insurance Coverage, Insurance General
Parties to business transactions frequently seek to protect themselves against specific financing, litigation and transactional risks through insurance.  The types of insurance to protect business’s interests and risks in M&A is growing:  Insurance for breaches of contractual representations and warranties have become increasingly common, both for buyers and sellers. Standard-form policies may provide coverage for … Continue Reading

The duty to defend requires an early judgment

By Benjamin Fliegel on Posted in Business interruption, Commercial General Liability, Construction Coverage, Corporate and Transactional Insurance Coverage, Cyberliability, Employment Practices Liability, Financial Insurance Coverage, Insurance Coverage, Insurance General
If an insurance company owes a duty to defend, the dispute should be decided promptly, on the pleadings. Any delay undermines the duty to defend. The scope of the duty to defend should be adjudicated on the pleadings as quickly as possible to give policyholders the true value of their policies and the benefit of … Continue Reading

Pollution exclusion should not preclude coverage for virus-related claims

By Mike Sampson on Posted in Commercial General Liability, Construction Coverage, Corporate and Transactional Insurance Coverage, Cyberliability, D&O, E&O, Professional Liability, Employment Practices Liability, Financial Insurance Coverage, Insurance Coverage, Insurance General, Insurance Insolvency & Regulatory, Insurance News of Note, London/Bermuda Arbitrations, Property Damage & Business Interruption, Uncategorized
Faced with mounting claims for insurance coverage as a result of the novel coronavirus (COVID-19) outbreak, commercial insurers are likely to search for any policy provision that they think will enable them to avoid paying virus-related claims.  One provision that insurers ultimately may invoke in an attempt to deny such claims is the so-called “pollution … Continue Reading

CannaBeware: Make sure insurance actually covers the risks your business faces

By Mike Sampson on Posted in Commercial General Liability, Corporate and Transactional Insurance Coverage, D&O, E&O, Professional Liability, Insurance Coverage, Insurance General, Insurance News of Note, Property Damage & Business Interruption
It should go without saying that when a business purchases any insurance policy – including, but not limited to, a commercial general liability (CGL) insurance policy – the business expects the policy to provide coverage for its line of business and the specific risks it faces. Cannabis-related businesses are no different. However, they must be … Continue Reading

Reps & Warranties Insurance Case Highlights the Need for New Expertise and Old-Time Common Sense

By Kit Chaskin on Posted in Corporate and Transactional Insurance Coverage, D&O, E&O, Professional Liability, Insurance Coverage, Insurance General
A rare lawsuit concerning coverage under a reps & warranties policy presents two issues of interest to M&A lawyers: If the insured under a reps & warranties insurance policy fails to obtain the insurer’s consent to a settlement, coverage for that settlement is forfeited, even if the settlement was “panicked” and on a short timeframe. … Continue Reading

‘Sorry, But You Have Nothing in Common’: The New York Court of Appeals’ Recent Rejection of the ‘Common Interest Doctrine’ Outside the Context of Litigation

By Jay M. Levin, Ann Kramer, Andy Moss, Anthony B. Crawford, Patrick T. Rowe and Ryan A. Green on Posted in Commercial General Liability, Corporate and Transactional Insurance Coverage, Cyberliability, D&O, E&O, Professional Liability, Insurance General, Insurance News of Note
The New York Court of Appeals, the state’s highest court, recently rejected an attempt to apply the “common interest doctrine,” an exception to the general rule that communicating privileged information to a third party waives the attorney-client privilege, to situations where separately represented parties communicate attorney-client privileged information in connection with transactions or other circumstances … Continue Reading

The California Supreme Court Issues Its Landmark Decision in Fluor

By Traci Rea on Posted in Commercial General Liability, Corporate and Transactional Insurance Coverage, Insurance Coverage, Insurance General
On August 20, 2015, the California Supreme Court issued its landmark decision in Fluor v. Superior Court, overruling its prior holding in Henkel Corp. v Hartford, which precluded successor entities from tapping into their predecessors’ insurance assets for inherited long-tail liabilities.  In Henkel, the Court held that a contractual assignment of insurance assets in a corporate … Continue Reading

Top Ten Things to Know about Representations and Warranties Insurance

By Courtney Horrigan on Posted in Corporate and Transactional Insurance Coverage
1. Representations and Warranties insurance has quickly risen to become a standard topic of discussion in many merger and acquisitions transaction negotiations. 2. Representations and Warranties Insurance is not a new product - but until recently its use has been limited because of prohibitive premium pricing and buyer concerns as to whether insurers would actually pay on claims. The insurance market is working to bring prices down and establish a payment history.… Continue Reading
LexBlog