ABA TIPS ICLC的动态

ATTENTION ALL COVERAGE LAWYERS!! The TIPS Insurance Coverage Litigation Committee is seeking proposals for CLE presentations for its 33rd Annual Mid-Year Meeting to be held February 20-22, 2025, at the Estancia La Jolla Hotel & Spa. We are excited to welcome you back to La Jolla, California! Our Mid-Year Meeting there earlier this year was attended by insurance coverage practitioners, in-house and general counsel, brokers, academics, and state insurance and regulatory officials. As always, the meeting featured terrific panels and speakers covering timely and insightful insurance coverage topics. We already have received some great submissions for next year and hope you’ll join us in putting together additional cutting-edge panels. If you are interested in speaking on a panel, submitting a paper, and/or providing suggestions for presentations at the meeting, please contact Jason Reichlyn at [email protected] and Steven Corhern at [email protected]. In submitting proposals, please provide a brief description of the topic, draft title, and anticipated panelists. Suggested topic areas include: ????????????????Personal Lines Insurance Coverage/Litigation ????????????????Property Insurance Coverage/Litigation ????????????????Ethics ????????????????Bad Faith ????????????????Mediation/Appraisal ????????????????Management Liability/Securities ????????????????Professional Liability/EPL ????????????????Construction/Property ????????????????Emerging Risks ????????????????Primary/Excess ????????????????Regulatory/Restatement ????????????????Cyber ????????????????General Coverage Litigation DEADLINE FOR INITIAL SUBMISSIONS: May 20, 2024

Today's issue of Coverage Pointers is now available, our 685th issue since 1999. https://lnkd.in/gVVpKjMJ. Headlines below. Hey, what is Coverage Pointers? I asked the AI program, Perplexity, to tell me about CP. With footnotes omitted, this was the response: Coverage Pointers is a comprehensive bi-weekly electronic newsletter published by Hurwitz & Fine, P.C., a law firm based in Buffalo, New York. This publication focuses on providing summaries and analysis of important insurance law decisions from appellate courts in New York, Connecticut, and New Jersey, as well as selected opinions from state and federal courts across the United States and Canada. Key features of Coverage Pointers include: Frequency: Published every other Friday, ensuring readers receive timely updates on insurance law developments. Content: The newsletter offers summaries of significant insurance coverage decisions, with a particular emphasis on New York State courts. Scope: While primarily focused on New York, Connecticut, and New Jersey, it also covers relevant cases from other jurisdictions in the United States and Canada. Format: Designed for easy reading, it provides a "read-at-a-glance" summary of important decisions as they occur. Authorship: The newsletter is edited by Dan D. Kohane, a senior member at Hurwitz & Fine and a nationally respected insurance coverage counselor. Reputation: Coverage Pointers has gained recognition in the insurance industry for its comprehensive coverage of insurance law developments. Accessibility: It is available for free subscription, allowing interested parties to receive the newsletter directly via email. Coverage Pointers serves as a valuable resource for insurance professionals, attorneys, and others interested in staying informed about the latest trends and developments in insurance law. Its long-standing publication (over 26 years) and regular schedule make it a reliable source of information in this specialized legal area.

Professional liability insurance is designed to protect executives against claims of negligence or inadequate work arising from their services. Companies often use these policies to safeguard a business’s financial assets from the potentially high costs of lawsuits and settlements in the event someone alleges executives have failed to uphold their duties. The policies often cover CEOs, CFOs, and other board members, but often fail to include CISOs. New Jersey-based insurer Crum & Forster is looking to change that. The company recently unveiled a policy specifically designed to shield CISOs from personal liability. Nick Economidis, vice president of eRisk at Crum & Forster, told CyberScoop that the company saw an opportunity since CISOs may not be recognized as corporate officers under a directors and officers liability policy, which normally covers executive liability. “CISOs are in a no-win situation,” Economidis said. “If everything goes right, that’s what people expect. If something goes wrong, they’re the person that everybody looks at and they’re left holding the bag. Then, there are potentially significant financial ramifications for them because they’re often not covered by traditional [professional liability] insurance policies.” https://lnkd.in/dCh2WgmA

Insurance Expert Witness' Testimony Not Fully Excluded Despite his Alleged Lack of Participation in Post-Policy Premium Audits Plaintiff American Empire Surplus Lines Insurance Company ("AESLIC" or "Plaintiff") issued to J.R. a commercial excess liability insurance policy, which included a premium charge to be computed as a percentage of J.R.'s gross receipts during the policy period. Plaintiff assigned an advanced premium to the Policy based on J.R.'s estimate of its gross receipts during the policy period, which was subject to adjustment if a post-policy audit reflected that J.R.'s actual gross receipts exceeded its initial estimate. The post-policy audit concluded that J.R.'s actual gross receipts exceeded its initial estimate, and thus J.R. owed an additional premium in the amount of $487,386.00. Following non-payment of this additional premium, AESLIC brought this action on June 13, 2023, seeking to recover payment of said additional premium. After Nelson issued his expert report in support of J.R., Thomas M. Trezise issued his rebuttal report in support of AESLIC. Based on his review of the audit and the Nelson Report, Trezise offered the following four opinions: 1. The Policy was a surplus lines policy and, as such, not regulated by the State of New Jersey. [AESLIC] had full discretion to establish the forms and terms of the Policy as well as the rules and rates by which the premium was determined. 2. The terms of the Policy solely define the relationship between [AESLIC] and J.R.... Standards and practices, whether of admitted or surplus lines insurers, have no application. 3. The Policy provided coverage for significant risks. The coverage was not illusory. 4.?J.R. and Nelson cannot challenge the underwriting process of [AESLIC]. While addressing a number of Nelson's premises and assumptions, Trezise maintained that "rate [at issue] was unmistakably and clearly stated and anyone familiar with basic arithmetic can understand how it determined the premium. The Policy has no flaw as to the definition of the [r]ates and is, therefore, enforceable." On August 16, 2024, J.R. filed its Daubert motion to exclude Trezise's expert opinion. https://lnkd.in/gmHR7Bxp

Insurance awareness tips (1) D&O Directors and Officers liability insurance (D&O) provide liability coverage for company’s top management and executives in order to protect them from any claims which may arise from decisions and actions taken as part of their duties. Companies usually purchase D&O insurance because lawsuits are expensive, and the costs associated with them are rising. Moreover, if companies do not have a satisfactory D&O insurance it is unlikely that they will be able to attract top managerial talent, given the potential risks involved. D&O insurance reimburses the defense costs incurred by board members, managers, and employees in defending against claims made by shareholders or third parties for alleged wrongdoing. D&O insurance also covers monetary damages, settlements, and awards resulting from such claims. If the company cannot indemnify its directors, officers, or employees for amounts resulting from these claims, D&O insurance will step in to directly pay those costs – protecting the individual’s personal assets. If the company indemnifies the individual for such costs, D&O insurance will reimburse the company for such indemnity. The D&O policy will also provide some coverage for the company itself if it is sued.

Directors & Officers Liability Insurance, commonly known as D&O Insurance, is a critical component of risk management for organizations in Colorado. This comprehensive guide will provide you with an in-depth understanding of D&O Insurance, its key components, and its significance in protecting the leadership of your organization. Additionally, we will explore the legal landscape for D&O Insurance in Colorado, evaluate the various aspects of D&O insurance policies, and navigate the claims process. Whether you are a director, officer, or a concerned stakeholder, this ultimate guide will equip you with the knowledge you need to make informed decisions about D&O Insurance in Colorado. Learn more below!

Very important and informative article bt Scott Baldwin of the Savvy Director on D&O Insurance - What You Need to Know In?their last?Savvy Director?blog, they explored how a director may incur personal liability because of their board service. Practicing due diligence is all well and good, but a director’s actions or inactions may still expose them to litigation and penalties. That’s why companies provide their directors with protection through indemnification. https://lnkd.in/dc44PMB8

The definition of the term insured in each of the PI and D&O policies plays a key role in shaping the wordings described above. A PI policy is issued to entities and the additional insureds of the entity which is the primary insured. So, the non- imputation and severability wordings are different from a D&O policy which basically covers individuals. In a PI policy it is usually the entity which is sued. Any illegal act or violation of one entity should not impute the other entity. That is basically the objective of the above clause in a PI policy. An entity which is an additional insured Or the primary insured will not be held responsible or reprehensible for the conduct of another insured in the act of negligence. Even if they are vicariously liable or responsible for the conduct of others the party which files the suit is concerned only about it's compensation and not about making others responsible. So, an insurer should not make others responsible and deny coverage. But, in a D&O policy any insured may be sued for not just violation committed by himself but also for not preventing the wrongful act committed by others as it covers managerial liability. But, in a D&O policy any insured may be sued for not just violation committed by himself but also for not preventing the wrongful act committed by others as it covers managerial liability. The D&O policy also excludes illegal scts. But, the role of an insured person in the act ie whether it is a wilful act or an act of negligence determines the coverage of the respective individual. This can be determined only by the court. So, in a D&O policy defence costs are paid and if later it is proven that the insured is guilty then the defence costs will have to be paid back by the insured. Basically, a D&O policy is issued to individuals who are more in need of financial support than entities.

Insurance Puzzle: This is about the difference in “conduct exclusions” under Professional Indemnity (PI) and Directors & Officers (D&O) Liability Insurance policies: Please see below, two typical languages for conduct exclusion: ??PI Policy: “This policy will not indemnify the Insured in respect of any dishonest, fraudulent, criminal or malicious act, error or omission, or those of a knowingly wrongful nature or the intentional, wilful or deliberate non-compliance with any statute, regulation, ordinance, administrative complaint, notice of violation, notice letter, executive order, or instruction of any governmental agency or body by or at the direction of the Insured, except that this exclusion will not apply to an Insured who did not commit, participate in, or have knowledge of any of the acts described.” ??D&O Policy: “The Company shall not be liable for Loss on account of any D&O Claim or Investigation based upon, arising from, or in consequence of any deliberately fraudulent act or omission or any willful violation or breach of any law, regulation or by-law anywhere in the world or duty imposed by any such law, regulation or by-law by an Insured Person, or an Insured Person having gained any personal profit, advantage or remuneration to which such Insured Person was not legally entitled, provided that this exclusion shall not apply (including, for the avoidance of doubt) to the Company’s obligation to advance costs and expenses until a final, nonappealable adjudication in any proceeding establishes such a deliberately fraudulent act or omission or willful violation or breach, profit, advantage or remuneration.” PI policy says the conduct exclusion does not apply to an innocent insured. But how the innocence will be determined is not mentioned. However, the D&O policy implies there will be a presumption of innocence, till there is a final non appealable adjudication against the insured. Until such time that happens, the policy will continue to pay defence costs and expenses. Why is there a final adjudication language used in D&O policy, but not under PI policy?

The Insurance Expert Showcase Series: Roadmap for Early Mediation when Insurance Plays a Central Role January Edition Join us for a complimentary series of one-hour Lunch and Learn sessions featuring distinguished insurance experts sharing their valuable insights into key aspects of insurance law. Tailored for litigators and mediators, these interactive sessions delve into emerging trends, essential legal principles, and practical challenges in the field. Attendees will gain a unique opportunity to learn from seasoned professionals, deepen their knowledge, and explore real-world applications in a collaborative and engaging environment. This is program 1 of 3. Presenter: Kathleen J. Devlin?is a Partner at Weber Gallagher and practices in New York and New Jersey.?With over thirty years of experience handling insurance coverage matters, she?is an experienced litigator who provides advice to insurers and litigates coverage issues relating to various types of insurance policies, including comprehensive general liability, directors and officers, errors and omissions, employment practices liability, professional liability, commercial property and casualty, and public entity and public officials.?Her practice consists of managing coverage cases and representing the interests of insurers in a variety of areas, including environmental contamination, asbestos exposure, toxic tort, construction defect, commercial matters, and professional liability. Kathleen has successfully addressed coverage issues and disputes through coverage opinions,?mediation, and declaratory judgment actions.?She frequently lectures and moderates seminars on insurance-related and other topics. Moderator: Michele Kern-Rappy, Esq.,?National Mediator | Michele Kern Rappy Dispute Resolution | Mediator @ Resolute Systems, LLC | NY County Supreme Court Senior Mediator and Coordinator (Ret.), AAA, CPR. Please join us for our March and May Sessions: Thursday, March 6th? Friday, May 9th Registration is required for each program. This complimentary non-CLE informational program is sponsored by the Torts, Insurance and Compensation Law Section and the Trial Lawyers Section Register today! https://lnkd.in/eVy3aMCR