Howard B. Epstein

July 24, 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

May 19, 2015 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes write that in the last few years, insurance disputes concerning subrogation rights related to claims under the Comprehensive Environmental Response Compensation Liability Act have yielded several interesting decisions.

By Howard B. Epstein and Theodore A. Keyes

10 minute read

May 18, 2015 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes write that in the last few years, insurance disputes concerning subrogation rights related to claims under the Comprehensive Environmental Response Compensation Liability Act have yielded several interesting decisions.

By Howard B. Epstein and Theodore A. Keyes

10 minute read

March 03, 2015 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes write that a lawsuit in which Bear Stearns sought indemnification from its insurers after settlements with the SEC, the New York Stock Exchange and private plaintiffs in related suits has already yielded five motion rulings in just over four years regarding disgorgement; public policy; and final adjudication requirements.

By Howard B. Epstein and Theodore A. Keyes

11 minute read

March 03, 2015 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes write that a lawsuit in which Bear Stearns sought indemnification from its insurers after settlements with the SEC, the New York Stock Exchange and private plaintiffs in related suits has already yielded five motion rulings in just over four years regarding disgorgement; public policy; and final adjudication requirements.

By Howard B. Epstein and Theodore A. Keyes

11 minute read

December 29, 2014 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes of Schulte Roth & Zabel discuss a case in which primary and excess insurers denied coverage and ultimately commenced a lawsuit seeking an order confirming their disclaimer position.

By Howard B. Epstein and Theodore A. Keyes

11 minute read

September 29, 2014 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes write: As we approach the two-year anniversary of Hurricane Sandy, we review the impact that policy provisions concerning flood and water damage and physical damage requirements have had on insurance disputes concerning Sandy-related claims.

By Howard B. Epstein and Theodore A. Keyes

10 minute read

July 15, 2014 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes write: Under the terms of typical professional liability and directors' and officers' insurance policies, multiple claims that arise out of interrelated wrongful acts are treated as a single claim deemed to have been first made at the time the first of the related claims was made against the insured. Whether the treatment of multiple related claims as a single claim benefits the insured or the insurer depends on the circumstances.

By Howard B. Epstein and Theodore A. Keyes

11 minute read

May 06, 2014 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes write: The recent decision in 'K2-II' does not alter the landmark Court of Appeals' decision issued in 'Isadore Rosen & Sons.' The K2-II decision makes clear that in the absence of a covered loss, the insurer simply has no duty to indemnify. In contrast, under Isadore Rosen, an insurer that breaches the duty to defend a claim for loss that is covered under the policy will be held liable for the insured's reasonable settlement of that claim—regardless of whether the insurer consented to such settlement.

By Howard B. Epstein and Theodore A. Keyes

12 minute read

March 04, 2014 | New York Law Journal

In their Corporate Insurance Law column, Schulte Roth & Zabel's Howard B. Epstein and Theodore A. Keyes write: We live in a litigious society and, as a result, many publicly owned companies may view litigation costs and insurance premiums as simply costs of doing business. In many respects, private companies face risks similar to those faced by public companies, yet they may not take the same approach with regard to insurance. A recent survey suggests that many private companies are not adequately insured.

By Howard B. Epstein and Theodore A. Keyes

9 minute read