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Pillsbury - Policyholder Pulse blog

Paloma Resources v. Axis Insurance Shows How “The” Can Be the Genuine Article in a Policyholder Defense

It’s said that an ant can carry fifty times its own weight. That’s nothing. A recent decision out of the U.S. Court of Appeals for the Fifth Circuit provides a compelling reminder to policyholders and their counsel: Even the...more

Woodruff Sawyer

Q4 2024 Commercial Insurance Update: A Buyer’s Market Except For Casualty

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The commercial insurance market remains a buyers’ market across all sectors except for casualty. Within the casualty market, workers' compensation stands out as the only bright spot, with rates continuing to decline. In...more

Jones Day

Delaware Court Rejects Application of D&O Policy's "Bump-Up" Exclusion to Securities Claim Settlement

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In a significant victory for policyholders, the Delaware Superior Court rejected three insurers' attempts to apply their Directors and Officers Liability ("D&O") policies' so-called "bump-up" exclusion to bar coverage for...more

Foley Hoag LLP

The SVB Bankruptcy Decision and Its Lessons for D&O Insurance Programs

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Directors and Officers (D&O) policies are intended first and foremost to protect a company’s individual directors and officers from significant claims which may be asserted against those individuals in their capacities as...more

Foley Hoag LLP

Is a CID or Government Subpoena a Claim?

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For many companies, particularly those in highly regulated industries, the receipt of a civil investigative demand (CID) or subpoena from the government can understandably trigger stress. What might not be top of mind is...more

Woodruff Sawyer

D&O Captives Have Arrived: Laser DIC Fills the Gaps

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In 2022, Delaware approved using captives for D&O insurance, paving the way for Meta (the parent company of Facebook and Instagram) to put Side A coverage in its pre-existing traditional captive. Meta is the first...more

Woodruff Sawyer

Positive Trends in the Commercial Insurance Market: A Q4 2022 Update

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Commercial lines insurance buyers encountered mostly positive trends at the end of 2022. Most segments experienced rate stabilization and, in the case of public D&O, large rate decreases. The exception to this generally...more

Woodruff Sawyer

Property Rates Rise and the Cyber Market Improves: Q3 2022 Commercial Market Update

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The third quarter is always pivotal in the insurance market because it is the peak of the Atlantic hurricane season. The number and severity of named storms, and if and where they make landfall, will impact property premiums...more

Jenner & Block

Insurance Law Update Volume 8, Issue 9 | November 2021: District Court Rejects “Bump-Up” Exclusion in Favor of...

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A recent policyholder favorable ruling from the Eastern District of Virginia adopted a narrow, strict construction of a “bump-up” exclusion in a directors’ and officers’ liability policy. Following a “reverse triangular...more

Goulston & Storrs PC

Biochemics, Inc. v. Axis Reinsurance Co.: When Does a D&O “Claim” Occur?

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A recent decision of the United States District Court for Massachusetts underscores the need for holders of director and officer (“D&O”) policies to provide timely – and early – notice of a claim, especially when the SEC...more

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