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Think You Don’t Need Cyber Insurance? This Recent Data Breach Class Action Ruling May Change Your Mind

Cyber insurance continues to be one of the hottest topics in the insurance industry. In the last several years it has evolved from a little-known specialty product to a standard purchase for some corporate risk departments. By now, most companies generally are aware that cyber attacks present substantial risks. Many…

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Your Broker May Be Wrong: Why Your D&O Policies Should Cover Delaware Appraisal Proceedings

It’s now accepted wisdom that virtually all public company mergers and acquisitions will be challenged with at least one lawsuit—over 95% of them are. A less well-publicized form of challenge—and one that is both fascinating and perplexing for those interested in securities litigation—is the unique creature of Delaware law known…

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Startups Beware: California Expands Workers’ Comp to Include Corporate Officers, Directors and Working Partners

The startup guys in the hit television series Silicon Valley might be surprised to learn that the California legislature has expanded the scope of mandatory Workers’ Comp coverage to include their corporate officers, directors and working partners. The new law, effective January 1, 2017, sweeps in a broad range of…

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Beauty and the Beast: Insurance in the Fashion Industry

Fashion is sexy; insurance is not. So it’s easy to think of the two separately. But there are many points of intersection. Some of those intersections are not industry-specific: like other industries, fashion—design houses, retailers, textile manufacturers, modeling agencies—carries property, D&O, cyber, and many other lines of insurance. But unique…

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Getting to the Closing Table: Is Rep & Warranty Insurance the Answer?

The news has been rife of late with announcements of intended mergers, including Amazon and Whole Foods, Sprint and Comcast, and the National Enquirer and Time Inc., to name a few. Although such deals are nothing new, the use of representations and warranties insurance (R&W insurance) is increasingly becoming a…

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The D&O Cramdown: Triggering Side A DIC Coverage When an Underlying D&O Carrier Declines Coverage

A great deal of premium exchanges hands to buy the Difference in Condition (DIC) or “drop-down” component of excess Side A DIC coverage. Yet policyholders, brokers, and to a large extent, D&O liability carriers have surprisingly little understanding of just how that standard coverage feature is triggered—or how it works…

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Chambers, Legal 500 and More: Accolades for Pillsbury’s Insurance Group

We are pleased to share with our readers the recent awards and accolades Pillsbury’s Insurance Recovery & Advisory group has earned: Chambers USA The practice was ranked in Washington, DC for Insurance: Policyholder, and we had several individual rankings, including: Insurance: Policyholder; Washington, DC: Peter Gillon David F. Klein Mark…

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Insurers Must Pay the Pipe(r): The Continued Corrosion of the Pollution Exclusion

The Flint, Mich., water crisis returned to the news recently as criminal charges were brought against additional government employees resulting from the crisis. Meanwhile, a federal court in Pennsylvania recently issued a ruling in an insurance case that, like Flint, related to alleged contamination in drinking water stemming from corroded…

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New York Court of Appeals Decision Undermines Additional Insured Coverage

We put lights on the front of trains so we can see them approaching in a tunnel. And we buy insurance for the accidents that occur despite such precautions. General contractors try to manage their project risks by taking precautions to avoid accidents, but they also require subcontractors to name…