The Nature of a Liability Insurer’s Duty to Settle: Part II

Jan 15, 2014 By: John K. DiMugno

Courts in California and elsewhere have long recognized an implied common law duty on the part of liability insurers to protect their insureds against the risk of liability in excess of policy limits, even though the insurance contract contains no language imposing such a duty.

The Nature of a Liability Insurer’s Duty to Settle: Part I

Jan 13, 2014 By: John K. DiMugno

Courts in California and elsewhere have long recognized an implied common law duty on the part of liability insurers to protect their insureds against the risk of liability in excess of policy limits, even though the insurance contract contains no language imposing such a duty.Insurace, Bad Faith, Expert Witness

“Product Disparagement” Coverage for Consumer False Advertising Class Actions

Dec 4, 2013 By: John K. DiMugno

Standard form commercial General Liability policies now include coverage for “injury … arising out of … [o]ral, written or electronic publication of

The Regulatory Exclusion and FDIC Failed Bank Lawsuits

Nov 6, 2013 By: John K. DiMugno

Although less common than the insured v. insured exclusion, the regulatory exclusion was specifically designed to preclude coverage for enforcement actions brought by regulatory agencies such as the FDIC

Insured v. Insured Exclusion: Round II

Nov 5, 2013 By: John K. DiMugno

The metaphor of the Dutch Boy using his fingers to stem the flow of water from a dike is sometimes used to

D&O Coverage for FDIC Lawsuits against a Failed Bank’s Killers

Nov 1, 2013 By: John K. DiMugno

Since January 1, 2008, the FDIC has taken over 485 failed banks. As receiver for a failed bank, the FDIC may sue

D&O Coverage Exclusions for Dishonesty and The Great Recession of 2008: The “In Fact” Requirement

Oct 18, 2013 By: John K. DiMugno

My last post examined the “final adjudication” trigger typically found in D&O policy dishonesty exclusions. This post continues that discussion with an examination of the “in fact” trigger typically found in personal profit exclusions.

D&O Coverage Exclusions for Dishonesty and The Great Recession of 2008: The Final Adjudication Requirement

Oct 17, 2013 By: John K. DiMugno

At the heart of the subprime mortgage crisis and the Great Recession of 2008 was the misalignment of financial incentives for individual

Connecticut Supreme Court Gives Insurers First Crack at Subrogation Pot

Oct 3, 2013 By: John K. DiMugno

The Connecticut Supreme Court recently ruled that insurance deductibles don’t apply to the “make whole rule”

Do Fidelity Bonds Cover Trading Losses?

Oct 1, 2013 By: John K. DiMugno

While passage of the Dodd-Frank financial reform legislation 2010 was supposed curb the opportunities for rogue traders to engage in the type

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