Insolvency, Nonrenewal, and Claims: Strategies for Post-Policy Period Coverage under Claims-Made Policies

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

Beware of Sublimits!

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

Does Your Professional Liability Policy Cover All of Your Business’s “Professional Services”?

“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

Should I Cash the Insurer’s Check? Update

In an April 10, 2019 post, Katie Bechina and I explained how cashing the insurer’s check might eliminate rights to additional insurance proceeds under a legal doctrine called  “accord and satisfaction”. See [permalink] In short, we said that, if the insurer and the insured have a bona fide dispute and Read More

Employed Lawyers Coverage: It’s Probably Not What You Think

Sometimes a client/in-house lawyer will call, uneasy with a legal project. Perhaps the lawyer has been asked to give aggressive advice, represent the company in a high stakes deal, or to handle a type of matter with which they have no experience. Ultimately, the lawyer will ask whether their company’s Read More