Many businesses have large deductible (e.g., $500,000, $1,000,000, or more) casualty insurance programs encompassing commercial general liability, product liability, business auto or workers comp/employers liability insurance coverages. Depending on the program structure, the insurer may provide first dollar coverage and charge the business client back for the deductible. Under this Read More
In the event of a disaster, effective crisis communications can be essential to maintain or rehabilitate a business’s reputation. Sometimes crisis communications also can be critical to ensure safety and mitigate the risk of liability or the amount of damages. Some (but far from all) business insurance policies provide coverage Read More
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
