Howard B. Epstein

November 10, 2022 | New York Law Journal

In their Corporate Insurance Law column, Howard Epstein and Theodore Keyes discuss 'Cumis Specialty Insurance Co. v. Kaufman', where the U.S. District Court for the Southern District held that the final adjudication limitation in conduct exclusion cases does not require exhaustion of all appeals.

By Howard B. Epstein and Theodore A. Keyes

7 minute read

September 23, 2022 | New York Law Journal

The clear lesson from this case is that, in connection with a warranty statement, it is important to carefully evaluate known information prior to execution—particularly with respect to government inquiries and proceedings—and to carefully consider the impact of disclosing or not disclosing potentially significant matters.

By Howard B. Epstein and Theodore A. Keyes

7 minute read

June 15, 2022 | New York Law Journal

RWI has become increasingly available for public company transactions to mitigate risk associated with a public target's breach of representations and warranties. For this edition of their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes collaborated with colleagues at McGill and Partners to discuss the use of RWI in public company deals.

By Howard B. Epstein and Theodore A. Keyes

9 minute read

March 29, 2022 | New York Law Journal

In their Corporate Insurance Law column, Howard Epstein and Theodore Keyes discuss the new disclosure obligations imposed by the Comprehensive Insurance Disclosure Act, the modifications to the original version of the Act, which scaled back some requirements, as well as some issues and concerns posed by the new disclosure obligations.

By Howard B. Epstein and Theodore A. Keyes

8 minute read

January 27, 2022 | New York Law Journal

The dispute between Bear Stearns and its insurers over coverage for $140 million in disgorgement paid in connection with an SEC settlement has wound its way up and down the New York state courts. In their Corporate Insurance Law column, Howard Epstein and Theodore Keyes discuss 'J.P. Morgan Securities v. Vigilant Insurance Company,' where the Court of Appeals weighed in for the second time and again reversed in favor of Bear Stearns.

By Howard B. Epstein and Theodore A. Keyes

8 minute read

November 12, 2021 | New York Law Journal

On Oct. 5, 2021, the U.S. District Court for the Eastern District of Virginia issued a Memorandum Opinion and Order narrowly construing the bump-up exclusion in favor of the insured in a dispute related to the merger of two leading insurance brokers, Towers Watson and Willis.

By Howard B. Epstein and Theodore A. Keyes

9 minute read

June 25, 2021 | New York Law Journal

For this edition of their Corporate Insurance column, Howard B. Epstein and Theodore A. Keyes teamed up with their insurance broker colleagues at Alliant Insurance Services to co-author a discussion of insurance issues associated with the SPAC-related lawsuits, which can be complex because they implicate three separate D&O insurance programs.

By Howard B. Epstein and Theodore A. Keyes

9 minute read

April 14, 2021 | New York Law Journal

Two recent decisions by Delaware courts demonstrate that they are increasing leaning toward the insured's position in disputes over directors and officers (D&O) insurance coverage. As a result, New York companies incorporated in Delaware should consider where to file lawsuits concerning D&O insurance disputes—in Delaware or New York.

By Howard B. Epstein and Theodore A. Keyes

9 minute read

January 28, 2021 | New York Law Journal

In their Corporate Insurance column, Howard B. Epstein and Theodore A. Keyes discuss a recent U.K. ruling that policyholders are entitled to coverage for business interruption loss incurred due to shutdowns caused by the COVID-19 pandemic in a test case interpreting the language of 21 different U.K. policy forms issued by eight insurers. They write that while the judgment is certainly a major development with respect to the U.K. claims, it is unlikely to have a significant impact on the business interruption coverage disputes pending in the United States.

By Howard B. Epstein and Theodore A. Keyes

7 minute read

November 16, 2020 | New York Law Journal

In their Corporate Insurance column, Howard B. Epstein and Theodore A. Keyes discuss a unanimous decision from October, in which the Delaware Supreme Court reversed a trial court ruling and held that an appraisal action is not a "Securities Claim" as defined in the applicable D&O liability insurance policy. Consequently, the court ruled that the insured was not entitled to coverage for defense costs and pre-judgment interest incurred in connection with an appraisal proceeding.

By Howard B. Epstein and Theodore A. Keyes

8 minute read