Investigations, Insurance Claims, Insurance Litigation

SEC Tolling Request Not a Securities Claim Against Insured Company Under D&O Policy

Wiley Rein LLP on 7/11/2025

A Delaware Superior Court, applying Delaware law, has held that the United States Securities and Exchange Commission’s (“SEC”) request to toll the statute of limitations did not constitute a “Securities Claim” under a D&O...more

The 10 “P’s” to Prepare for Wildfire Litigation

Buchalter on 1/22/2025

1) Preservation Demand. Send an evidence preservation notice to anyone you think may be liable or contributed to the fire (so the entity is on notice not to destroy, delete, or alter relevant evidence)....more

Better Late Than Never? Not So for Directors’ and Officers’ Liability Coverage

Davies Ward Phillips & Vineberg LLP on 8/30/2024

Directors and officers facing liability claims, including investigations and enforcement proceedings, must pay careful attention to the notice provisions of their directors’ and officers’ (D&O) liability coverage policies and...more

Tips for Investigating Subrogation in Florida Following Hurricane Ian

Butler Weihmuller Katz Craig LLP on 10/14/2022

Hurricane Ian was a devastating storm for southwest Florida. While out in the Gulf of Mexico, it became a high-end category 4 hurricane early on September 28, 2022 and made landfall later that afternoon. The areas where Ian...more

Claim Investigation Not Necessarily Protected by Work Product Doctrine in Illinois

Cozen O'Connor on 8/18/2021

In determining when the work product doctrine is triggered, the Northern District of Illinois recently held that, rather than adopting a bright-line rule, the issue should be decided on a case-by-case basis at the court’s...more

SUBRO SENSE PODCAST - Forensic Investigation of Subrogation Claims During COVID-19

Butler Weihmuller Katz Craig LLP on 5/5/2020

Like all other aspects of life, the forensic investigations of existing and new subrogation claims has been significantly impacted by the COVID-19 pandemic. Senior Mechanical Engineer and Certified Fire Investigator, C....more

New York Ruling Could Significantly Impact Disclosure of Communications Between Insurer and Counsel

Cozen O'Connor on 10/29/2019

A recent decision from one of New York’s trial courts of general jurisdiction could have a chilling effect on written communications between an insurer and its retained counsel during a claim investigation. In Otsuka...more

Related Decisions: Three Recent Cases Emphasize Breadth of “Related Wrongful Acts”

Carlton Fields on 12/4/2018

Third-party liability policies often include aggregation clauses. As the name suggests, these clauses aggregate “related claims” or “interrelated wrongful acts” into one claim or occurrence....more

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