The Kansas Workers Compensation Act, like similar acts in many other states, imposes liability both on the actual employer and on the “statutory employer.” K.S.A. § 44-503(a). See also Ariz. Rev. Stat. § 23-902(A); Colo. Rev. Stat. § 8-41-401; Minn. Stat. § 176.215, subd. 1; Mo. Rev. Stat. § 287.040; Neb. Read More
Last week, the Delaware Superior Court ruled that a Delaware General Corporation Law (“DGCL”) § 262 appraisal action constituted a “Securities Claim” within the meaning of the insuring agreement of a directors and officers (D&O) liability insurance policy. See Solera Holdings, Inc. v. XL Specialty Ins. Co., No. N18C-08-315 AML CCLD, Read More
Clients often call when a claims-made liability insurer does not intend to renew an expiring policy. Usually, the call is about directors and officers (D&O) liability insurance, but it might also be about fiduciary, employment practices, or professional liability insurance. An insurer may choose to non-renew for various reasons. The Read More
Sublimits are one of the most common sources of consternation for our business clients. A “sublimit” is a lesser insurance limit of liability that applies to a specific type of loss and is included within the larger, generally applicable, limit. Here are some common examples: a fiduciary liability policy may Read More
“Professional liability insurance,” which is also called “errors and omissions” (E&O) liability insurance, typically provides coverage for defense costs and settlements or judgments attributable to claims based on “Professional Services.” “Professional Services” is typically a defined term limited to services performed for a third-party for compensation. In addition, the Professional Read More