Directors and Officers Liability Insurance Coverage for Fee Awards

Jul 26, 2013 By: John K. DiMugno

Settlements and judgments in securities fraud class actions and shareholders derivative suits typically include a sizeable award of attorney fees incurred in

U.S. Supreme Court Allows Credit Card Company to Use Its Bargaining Power to Shield Itself from Antitrust Liability

Jul 23, 2013 By: John K. DiMugno and Marc Schneier

Arbitration agreements have proliferated in recent years. They are common place in employment agreements, medical service contracts, insurance agreements, credit card agreements,

Insurance for Regulatory Investigations

Jul 9, 2013 By: John K. DiMugno

With government investigations of the subprime mortgage crisis again ramping up, many companies may seek to have the costs of these investigations covered by their insurance.

United States Supreme Court Allows Class-wide Arbitration, “However Good, Bad, or Ugly”

Jun 21, 2013 By: John K. DiMugno

In Oxford Health Plans, LLC v. Sutter. the Court held that an arbitrator did not exceed his authority in interpreting a clause requiring arbitration of “all” disputes to authorize class-wide arbitration of similar disputes.

Court Orders Mortgage Securitizer to Pay Mortgage Insurer $90.1 Million – Part II

Jun 11, 2013 By: John K. DiMugno

This post will examine the key evidentiary rulings supporting Judge Rakoff’s verdict against a securitizer of subprime mortgage bonds following a 12-day bench trial.

Court Orders Mortgage Securitizer to Pay Mortgage Insurer $90.1 Million – Part I

Jun 7, 2013 By: John K. DiMugno

The collapse of the subprime mortgage market has resulted in a growing number of claims against financial guaranty insurers.  The insurers agreed

Insurer Liable for Claimant’s Attorney Fees Despite Absence of Coverage

Jun 5, 2013 By: John K. DiMugno

A recent Idaho Supreme Court decision illustrates that an insurer’s decision to honor its obligation to defend despite harboring doubts about coverage itself poses risks for insurers.

California Supreme Court to decide whether mere conduct can trigger liability insurance coverage for product disparagement or trade libel

May 16, 2013 By: John K. DiMugno

The California high court will soon determine whether liability insurers have a duty to defend trade libel claims when the insured never mentioned or referred to the plaintiff’s products.

California Court of Appeal Limits Insurance Brokers’ Duties to Third Parties

May 7, 2013 By: John K. DiMugno

In a recent decision, the California Court of Appeal limited the duties of insurance brokers to third parties with whom they have no direct dealings, distinguishing a similar case from 20 years ago.

Supreme Court Tells Health Plans How to Take a “Free Ride” on Injured Beneficiaries’ Efforts to Recover from Responsible Third Parties

Apr 26, 2013 By: John K. DiMugno

by John K. DiMugno Suppose your client suffers catastrophic injuries in an automobile accident, leaving her with a life-long disability? Her damages

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