Risk and Recovery

Legal Insights for the Insured

Tag Archives: indemnification

Pennsylvania Court Recognizes That A Payment Required By Law Is Not A “Voluntary Payment” Requiring The Insurer’s Consent

If you are required by law to perform an act, the act is not “voluntary.”  This proposition may seem obvious enough to most, but one insurer recently needed to be reminded of this common sense point by a Pennsylvania federal court in First Commonwealth Bank v. St. Paul Mercury Insurance Company.  There, the Court held … Continue Reading

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

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
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