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  • Article

    The ESG Police Have Arrived. Is Your Insurance Ready?

    This past May, the Securities and Exchange Commission ("SEC") fined the investment management arm of a major U.S. bank $1.5 million for ESG violations.
    United StatesCorporate/Commercial Law
    Anderson Kill
    Anderson Kill
  • Article

    Limitations On Privilege When Attorneys Act As Claims Handlers

    Since the mid-1990s, and especially since the rush of insurance claims following the September 11 terrorist attacks and Hurricane Katrina, insurance companies increasingly have turned to outside counsel to assist or supervise the handling of all sorts of insurance claims.
    United StatesInsurance
    Anderson Kill
    Anderson Kill
  • Article

    Corporate Responses To D&O Indemnification Following Schoon v. Troy

    The current financial crisis is making corporate directors nervous. However, quitting may not be the right response in many cases, especially since even former directors remain vulnerable on several liability fronts.
    United StatesCorporate/Commercial Law
    Anderson Kill
    Anderson Kill
  • Article

    Omission Impossible?

    Professional organizations and practitioners rely on errors and omissions (E&O) insurance — also known as professional liability insurance or malpractice insurance — to protect against the risk that a disgruntled customer or client will bring a claim for malpractice.
    United StatesInsurance
    Anderson Kill
    Anderson Kill
  • Article

    Why a Reservation of Rights Letter Is a Reservation for Trouble

    It all starts with a simple contract. Insurance Company sells a policy promising to defend Policyholder against, and pay damages for, certain claims filed against Policyholder.
    United StatesInsurance
    Anderson Kill
    Anderson Kill
  • Article

    Tax Bill Signed Into Law

    The corporate and business changes are permanent. Below is a summary of some of the tax law's major provisions.
    United StatesTax
    Anderson Kill
    Anderson Kill
  • Article

    Security for Contract Performance

    A time-honored method of providing security for the performance of a contract is the surety bond. Two parties enter into a contract, and a third party, the surety, promises to perform the obligation if its principal fails to do so.
    United StatesInsurance
    Anderson Kill
    Anderson Kill
  • Article

    Don't Settle Away Your Excess Insurance Coverage

    For decades, excess liability insurance policies provided that excess insurers were not required to pay out unless the full limits of underlying insurance were exhausted "in the payment of claims" or by "actual payments.
    United StatesInsurance
    Anderson Kill
    Anderson Kill
  • Article

    Insurance Coverage Available For The Subprime Mortgage Collapse: Current Developments

    When facing a loss, the first rule of insurance recovery is “think insurance.” Daily headlines describe the collapse of the subprime mortgage market, the impact on the financial markets and investment community, as well as the hardships suffered by individual borrowers.
    United StatesInsurance
    Anderson Kill
    Anderson Kill
  • Article

    Arbitration of Insurance Coverage Disputes: A Policyholder's Definitive Survival Guide

    Arbitration provisions are becoming increasingly common in insurance policies, particularly where specialty coverage is concerned. Many legal practitioners favor arbitration over litigation, depending on the nature of the case.
    United StatesInsurance
    Anderson Kill
    Anderson Kill
  • Article

    Forcing An Insurance Company To Pay Legal Fees For The Coverage Fight: A Study Of State Laws

    Something has gone wrong — something unfore¬seen, unfortunate, and expensive. An insurance company’s refusal to pay a claim can be devastat¬ing. Now you have a two-front war: You must contend with the cost and consequence of your loss and deal with your insurance company’s refusal to pay.
    United StatesInsurance
    Anderson Kill
    Anderson Kill
  • Article

    Picking Off Their Experts: Arguments That Worked

    In Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 597 (1993), the U.S. Supreme Court held that Federal Rule of Evidence 702 provided a more expansive criterion for the admission of expert testimony than the previously reigning Frye test.
    United StatesLitigation, Mediation & Arbitration
    Anderson Kill
    Anderson Kill
  • Article

    Cybersecurity Insurance for Law Firms

    As lawyers, it seems like hardly a day goes by without receiving a suspicious email.
    United StatesInsurance
    Pasich LLP
    Pasich LLP

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