Legal Insights for the Insured

Ronald A. Valenzuela

Ronald A. Valenzuela

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Another State Court Limits the Enforceability of Anti-Assignment Clauses

We recently wrote about the California Supreme Court’s decision in Fluor Corporation v. Superior Court to limit the enforceability of clauses in third party liability insurance policies that prohibit the policyholder from assigning its interests in the policy without the insurer’s prior consent. The court held that these so-called anti-assignment clauses are not enforceable after … Continue Reading

California Supreme Court Limits Enforceability of Anti-Assignment Clauses

In a unanimous decision handed down by the California Supreme Court yesterday afternoon in Fluor Corporation v. Superior Court, the court removed a significant obstacle facing companies that want to assign their interests in a third party insurance policy to a successor company as part of a corporate restructuring or sale. It held that an … Continue Reading

Georgia Supreme Court Complicates Policyholders’ Ability to Settle Claims Brought Against Them

As we previously reported here, the U.S. Court of Appeals for the Eleventh Circuit asked the Georgia Supreme Court to weigh in on the coverage dispute in Piedmont Office Realty Trust, Inc. v. XL Specialty Insurance Co. concerning consent-to-settle and no-action provisions in an excess insurance policy. The state high court’s answer was a disappointing … Continue Reading

Special Event: March 3 @ Noon ET

Managing the Risk of Cyber Liabilities and Operations Disruption: Responsibilities of the Board of Directors Tuesday, March 3, 2015 Noon – 1:00 p.m. ET 11:00 a.m. – Noon CT 9:00 a.m. – 10:00 a.m. PT… Continue Reading

Policyholders Face Uncertainty after Lapse of Terrorism Risk Insurance Program

Congress’ failure to renew the Terrorism Risk Insurance Program Reauthorization Act (“TRIPRA”), a 2007 extension of the 2002 Terrorism Risk Insurance Act, could have significant implications for companies that rely upon property or casualty policies to manage risk.  TRIPRA expired on December 31, 2014, potentially triggering policy endorsements that exclude coverage, previously provided under those … Continue Reading

Sixth Circuit Says Misappropriation of Customer List Not Insured Under Advertising Injury Liability Coverage

The Sixth Circuit Court of Appeals recently ruled that Liberty Corporate Capital did not have to defend a firearms retailer in a lawsuit alleging that the retailer improperly obtained and used its competitor’s customer list to send e-mail blasts about its own products.  The customer list did not qualify as a misappropriated “advertising idea,” according … Continue Reading

Federal Judge Concludes Restitution May Be Covered Under Commonly Used Professional Liability Policy Language

A federal judge in Minnesota recently held that “restitution” paid to settle a class action lawsuit was covered under the terms of a professional liability policy.  The court in U.S. Bank National Ass’n et al. v. Indian Harbor Ins. Co. et al. rejected the argument frequently used by directors and officers (“D&O”) insurance carriers that … Continue Reading

SPECIAL EVENT: July 17 @ Noon ET

Proskauer on Management Liability, Risk Management and Insurance Managing the Risk of Government Investigations Thursday, July 17, 2014 Noon – 1:00 p.m. ET 11:00 a.m. – Noon CT 9:00 a.m. – 10:00 a.m. PT Protecting directors and officers from the legal and reputational risks of government investigations is a tough task, but one that the leaders … Continue Reading

D&O Coverage: What’s Necessary for Government Protection

Steven Gilford and John Failla recently authored an article for National Underwriter explaining that D&O insurance is more important than ever because of heightened regulatory scrutiny of a wide range of issues including accounting improprieties, antitrust, and Foreign Corrupt Practices Act (FCPA) investigations. Click here to read the article.  … Continue Reading

Pennsylvania Superior Court Finds Coverage Under CGL Policy For Product Defect Claims

Policyholders seeking defense costs for products liability claims received welcome support from a Pennsylvania appellate court which rejected an excessively restrictive view of the scope of coverage offered under commercial general liability (CGL) policies.  The court in Indalex, Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., reversed, or at least slowed, what appeared … Continue Reading
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