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Risk and Recovery: Legal Insights for the Insured

Bradley J. Lorden

Bradley J. Lorden Bradley J. Lorden is an associate in the Litigation Department and a member of the Insurance Recovery & Counseling Group. His practice focuses on general commercial litigation, as well as mediation and arbitration, and he often appears before state and federal courts. Brad represents clients in a variety of complex commercial litigation matters, including insurance coverage litigation, contract and business torts and general business disputes. His insurance coverage experience includes matters involving first-party property liability, general liability claims, privacy claims and asbestos liability claims. Brad is also a regular contributor to Proskauer’s Risk and Recovery insurance blog.

Posts by Bradley J. Lorden

Seventh Circuit Issues Stern Warning For Insurers That Reject Their Duty to Defend

Posted in Commercial General Liability (CGL)

The first line of the Seventh Circuit’s opinion says it all: “This case provides a warning for insurance companies who refuse to defend their insureds.” As the court’s admonishment suggests, insurers that improperly refuse to defend an insured do so at their own risk and – if not done through a reservation of rights or… Continue Reading

Montana Joins Majority of Courts Holding That Insurers Must Establish Prejudice to Disclaim Coverage Based on an Insured’s Late Notice

Posted in Commercial General Liability (CGL), Notice

Joining a majority of states that have addressed the issue, the Montana Supreme Court recently held that “an insurer who does not receive timely notice required by the terms of an insurance policy must demonstrate prejudice from the lack of notice in order to avoid the obligation to provide defense and indemnification of the insured.”… Continue Reading

Protecting Directors and Officers From Derivative Liability Arising From Data Breaches

Posted in Directors and Officers Liability

With data breaches affecting companies across virtually every industry, cyber security has remained front page news. Lawsuits brought by aggrieved consumers and financial institutions against companies that have suffered data breaches are not uncommon. Increasingly, companies are also being subjected to shareholder derivative suits against directors and officers alleging breach of fiduciary duty relating to… Continue Reading

Mississippi Supreme Court Limits Broker Liability Where Insured’s Conduct Is Uninsurable

Posted in Denial of Coverage

When an insurance claim is denied, policyholders sometimes look to their broker as a potential source of recovery.  Generally speaking, a broker owes its client the duty to procure the scope of coverage requested.  When a broker fails to do so, it may be liable for any gap in its client’s coverage.  The Mississippi Supreme… Continue Reading

Insurer’s Liability for Breach of Contract Is Not a Condition Precedent to Insured’s Bad Faith Claim

Posted in Breach of Contract, Commercial General Liability (CGL)

A Florida appeals court recently held in Cammarata v. State Farm Florida Insurance Co. that an insured is not required to show that its insurer breached the insurance policy before it can bring a claim for bad faith.  Although the insured must show that the insurer is liable for coverage, this prerequisite can be established… Continue Reading

Mind Your Ds and Os: Policy Language Proves Determinative in Director and Officer Insurance Coverage

Posted in Directors and Officers Liability

A recent pair of opinions from New York and Pennsylvania shows the importance of evaluating all parts of director and officer (D&O) insurance coverage, down to each definition.  These cases, one holding for the insured and one for the insurer, demonstrate that a policy’s terms can be absolutely critical if the insured seeks indemnification for… Continue Reading

Alabama Supreme Court Reverses Course, Finds Insurance Coverage for Faulty Workmanship Claims

Posted in Commercial General Liability (CGL), Property Damage

Companies such as homebuilders, construction companies and contractors face significant financial risk from bodily injury and property damage claims arising from allegedly faulty workmanship or construction defects.  Although these companies purchase commercial general liability (“CGL”) policies to manage those risks, they often face obstacles to recovery under policy terms and exclusions that purportedly preclude coverage… Continue Reading