Howard B. Epstein

December 11, 2013 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes of Schulte Roth & Zabel analyze a recent decision involving remediation of environmental contamination claims that addresses several important issues including the scope of the insurer's defense obligation where only some claims are potentially covered, reporting of claims in the context of consecutive claims-made policies and late notice of claims and occurrences.

By Howard B. Epstein and Theodore A. Keyes

10 minute read

March 04, 2013 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein, a partner at Schulte Roth & Zabel, and Theodore A. Keyes, special counsel at the firm, writes that, for over a decade now, courts across the nation have wrestled with the appropriate approach to allocating loss in insurance coverage cases concerning continuous property damage that takes place over many years.

By Howard B. Epstein and Theodore A. Keyes

11 minute read

July 01, 2008 | New York Law Journal

Howard B. Epstein, a partner at Schulte Roth & Zabel, and Theodore A. Keyes, special counsel at the firm, write that in the insurance context, "arising out of" requires "only that there be some causal relationship between the injury and the risk for which coverage is provided." The phrase "arising out of" (or "liability arising out of") and its interpretation have taken on particular importance in the context of additional insured cases.

By Howard B. Epstein and Theodore A. Keyes

10 minute read

October 02, 2013 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes of Schulte Roth & Zabel analyze two recent cases in which the state Court of Appeals addressed coverage questions concerning an insured's claim for recovery of disgorgement payments made as part of an SEC settlement, and the Second Circuit addressed the issue of whether underlying layers of insurance must be exhausted by actual payment as a condition to triggering excess insurance.

By Howard B. Epstein and Theodore A. Keyes

11 minute read

August 07, 2013 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes of Schulte Roth & Zabel write: Insureds that look for guidance from the courts will find that, while New York courts have occasionally addressed whether disclosure of information to an insurer constitutes a waiver of attorney-client privilege, there remain considerable gray areas.

By Howard B. Epstein and Theodore A. Keyes

10 minute read

December 08, 2011 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein, a partner at Schulte Roth & Zabel, and Theodore A. Keyes, special counsel at the firm, write that it is surprising that 'Gould,' the first case that has departed from the 'Zeig' rationale, concerns a situation where the insured could not access the excess layers due to the insolvency of the insurers responsible for the underlying layers.

By Howard B. Epstein and Theodore A. Keyes

12 minute read

January 31, 2012 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes of Schulte Roth & Zabel discuss the creation of the New York State Department of Financial Services, two companion rulings that clarified the burden of proof with regard to fraud claims, a suit over insurance coverage for disgorgement payments, the dramatic increase in the number of lawsuits challenging mergers and acquisitions, and other developments that may influence corporate insurance issues in 2012 and beyond.

By Howard B. Epstein and Theodore A. Keyes

12 minute read

September 24, 2012 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein, a partner at Schulte Roth & Zabel, and Theodore A. Keyes. special counsel at the firm, write that, while merger and acquisition activity has generally slowed since the high points that it reached in 2006 and 2007, the use of Reps and Warranties insurance has grown significantly with brokers and underwriters reporting that submissions for such insurance have been on the rise.

By Howard B. Epstein and Theodore A. Keyes

9 minute read

December 13, 2012 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein, a partner at Schulte Roth & Zabel, and Theodore A. Keyes, special counsel at the firm, write that in the case of business interruption insurance, whether there is coverage may turn on a number of issues, including whether there was actual physical damage to property owned by the insured, or in some cases to property owned by a supplier or customer of the insured.

By Howard B. Epstein and Theodore A. Keyes

12 minute read

March 29, 2012 | New York Law Journal

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes of Schulte Roth & Zabel write: The insurance industry is perhaps uniquely situated with regard to climate risk. Insurers have the resources to study climate-related impacts and the incentive to do so in support of their business models to determine pricing, forecast risks and develop products. In addition, insurance carriers are subject to the same climate risks to which other businesses and individuals are subject.

By Howard B. Epstein and Theodore A. Keyes

9 minute read