Commercial Insurance Policies, Breach of Duty

Insurance Producer Exposure When Procuring Cover for Sophisticated Clients

McGinnis Lochridge on 4/30/2025

Generally speaking, insurance producers face fairly routine obligations when procuring cover. Every state imposes a general duty to exercise that degree of care, skill and diligence a reasonable producer would exhibit to his...more

Ask Not for Whom the Blue Bell Tolls

Adams & Reese on 8/22/2023

Fifth Circuit Ruling Against Blue Bell’s Corporate Directors and Officers May Limit Availability of Insurance Coverage in Shareholder Derivative Actions - In a recent ruling, the United States Court of Appeals for the...more

D&O Insurance Considerations for Going Public via SPAC: Are You Covered?

Vinson & Elkins LLP on 5/31/2022

With more than 600 special purpose acquisition companies (“SPACs”) currently looking for merger partners, private companies are likely being courted by a number of SPAC suitors....more

SC Supreme Court Says Insurers Can’t Cloud Allocation of Covered and Non-Covered Damages

Bradley Arant Boult Cummings LLP on 10/4/2017

The South Carolina Supreme Court’s decision in Harleysville Insurance Co. v. Heritage Communities, Inc., modified July 27, 2017, continues a trend of decisions aimed at preventing an insurer from acting in its own interest to...more

Does Wisconsin’s Four-Corners Rule Govern an Insurer’s Duty to Defend?

Foley & Lardner LLP on 10/5/2015

Those who follow the work of the Wisconsin appellate courts might recognize this question as one that District II of the Court of Appeals certified to the Supreme Court nearly five years ago in Wilkinson v. Arbuckle, 2011 WI...more

California’s “Independent” Cumis Counsel Regime Faces A Novel Challenge

Farella Braun + Martel LLP on 5/1/2015

On May 5, the California Supreme Court will hear argument in a case that has the potential to profoundly change the relationship between the insurer, its insured and the insured’s independent defense counsel under Civil Code...more