Howard B. Epstein

March 31, 2017 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes discuss 'Millennium Holdings', a decision issued by the Court of Appeals which clarified that, except for rare public-policy driven exceptions, in order for the anti-subrogation rule to apply, the party seeking the protection of the rule must be insured under the insurance policy.

By Howard B. Epstein and Theodore A. Keyes

22 minute read

February 01, 2017 | FC&S Insurance

Over the years, we have often reminded insureds of the importance of promptly placing their insurance carrier on notice of new claims. Based on recent…

By Howard B. Epstein and Theodore A. Keyes

11 minute read

January 30, 2017 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes write: Over the years, we have often reminded insureds of the importance of promptly placing their insurance carrier on notice of new claims. Based on recent case law, defense counsel are advised to raise the issue of available insurance with their clients when counsel are retained to defend a new claim.

By Howard B. Epstein and Theodore A. Keyes

81 minute read

August 30, 2016 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes write: In 'In re Viking Pump', the New York Court of Appeals applied an all sums allocation to a long-term asbestos bodily injury case, catching New York insurance practitioners by surprise and uprooting the long-held understanding that New York is a pro rata jurisdiction.

By Howard B. Epstein and Theodore A. Keyes

38 minute read

June 30, 2016 | New York Law Journal

In their Corporate Insurance Column, Howard Epstein and Theodore Keyes write: Earlier this year, in 'Templo Fuente De Vida Corp. v. National Union Fire Insurance Co.,' the Supreme Court of New Jersey extended the Zuckerman ruling to hold that the notice prejudice rule does not apply and the insurer is not required to demonstrate prejudice to deny coverage for late notice of claim under a claims-made policy, even where the claim was reported during the policy period.

By Howard B. Epstein and Theodore A. Keyes

22 minute read

March 31, 2016 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes of Schulte Roth & Zabel write: The growing market and growing demand for Representation and Warranties insurance demonstrates that this product has become a valuable tool for deal makers. The experience of the last few years suggests that use of these policies will continue to grow as more practitioners gain experience with the product.

By Howard B. Epstein and Theodore A. Keyes

16 minute read

January 12, 2016 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes discuss the enforceability of non-assignment clauses in insurance policies and a recent decision in which California's high court brought that state's law back in line with the law in New York and a majority of other jurisdictions, recognizing a post-loss exception to the restriction on assignments set forth in the non-assignment clause.

By Howard B. Epstein and Theodore A. Keyes

12 minute read

January 11, 2016 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes discuss the enforceability of non-assignment clauses in insurance policies and a recent decision in which California's high court brought that state's law back in line with the law in New York and a majority of other jurisdictions, recognizing a post-loss exception to the restriction on assignments set forth in the non-assignment clause.

By Howard B. Epstein and Theodore A. Keyes

12 minute read

October 21, 2015 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes write: In light of the Justice Department's commitment to focus on individuals, risk managers as well as directors and officers themselves have reason to be more vigilant with regard to their directors' and officers' or management liability insurance policies, making sure that the policies provide them with the best protection available.

By Howard B. Epstein and Theodore A. Keyes

10 minute read

July 27, 2015 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes write: Over the last few years, cyber-risk insurance products have evolved so that coverage is now available for cyber-risk exposures related to third-party claims as well as for first-party loss. In addition, some policies provide insureds with access to help responding to a data breach crisis or assistance with preventative risk management and loss-control activities.

By Howard B. Epstein and Theodore A. Keyes

11 minute read