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New York Law Journal

Insured Capacity and Outside Capacity: Status Matters

D&O liability insurance policies provide coverage for claims arising out of wrongful acts committed by directors or officers of the insured entity—that is their insured capacity. By contrast, in policies where insured capacity is addressed by exclusion, the outside capacity exclusion will bar coverage for loss arising from claims relating to an insured person's conduct in any capacity other than as a director or officer of the insured entity.
8 minute read

New Jersey Law Journal

NJ Supreme Court Goes Beyond Question of 'Direct Physical Loss' in COVID-19 Insurance Claim

"Although it is not strictly necessary given our conclusion that Ocean Walk did not allege facts to establish a 'direct physical loss' of or 'direct physical damage' to its property, we nonetheless briefly address Ocean Walk's argument that the contamination exclusion in the policies issued by AGLIC, AIG, and IFCC does not apply here," Justice Anne M. Patterson wrote.
5 minute read

Law.com

Virginia Court Sides With Injured Worker, Ruling Temporary Total Disability Claim Was Timely Filed

"Applying the statute here, the Commission may review the wages the Department of Corrections paid to Walker following her ankle injury, and 'may make an award ending, diminishing or increasing [this] compensation previously awarded' because those wages are a statutory award of compensation," the court concluded, holding that the commission erred in finding Walker's claim for temporary total disability benefits was barred by the statute of limitations under Code Section 65.2-601.
6 minute read

New York Law Journal

Proximate Cause: Plaintiff's Employer and Its Post-'Burlington' Role in the Duty To Defend Analysis

In this article, Laura B. Dowgin and Thomas J. Maroney discuss the 'Burlington Insurance v. NYC Transit Authority' case and how case law regarding the duty to defend has been affected since the decision.
8 minute read

The Legal Intelligencer

Proposed Class Action Raises Question of Insurers' Obligation to Pay for Loss-of-Value Damages

"This issue needs to get settled in Pennsylvania as to whether or not these damages are available," Saltz Mongeluzzi partner Patrick Howard said.
3 minute read

Texas Lawyer

Southwest Airlines Wins Reversal Against Liberty Insurance Over Computer Crash

Writing for the panel, Fifth Circuit Judge James E. Graves Jr. said the court must determine whether the five categories of costs were losses incurred solely as a result of the system failure.
3 minute read

Connecticut Law Tribune

Class Action: The Hartford and Twin City Accused of Undervaluing Wrecked Cars

The proposed class encompasses Hartford Insurance policyholders in New Jersey who submitted claims between Dec. 23, 2015, and Nov. 29, 2023, and those insured by Twin City in Missouri between July 22, 2013, and Nov. 29, 2013.
3 minute read

The Legal Intelligencer

Insurance Defense Firm Tyson & Mendes Opens Phila. Office With Rawle & Henderson Team

"We've opened offices where our clients are complaining about nuclear verdicts," said firm founder Robert Tyson.
5 minute read

Daily Report Online

Rural Counties Don't Mean Low Verdicts Anymore, According to Plaintiff Lawyer Behind $1.3M South Ga. Win

"You've got to be careful, because some of these folks might think you're insulting their intelligence when a lawyer from a larger city comes in and tells them this is what they ought to do," said plaintiff counsel Mitchell Shook.
5 minute read

Delaware Business Court Insider

Nikola: Gridlock With Insurers Is Stalling Settlements With Shareholders

"Because settlements of derivative actions are not indemnifiable by the nominal company defendant in Delaware, this would defeat a key function of D&O insurance."
3 minute read

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