Directors & Officers Insurer Had To Pay For Damages Caused By A “Wrongful Act” Despite “Personal Profit” Exclusion And a Conviction

Wintermute v. Kansas Bankers Surety Co., 630 F.3d 1063, 1069 (8th Cir. (Mo.) 2011) (Arkansas law) Reversing district court, “personal profit” exclusion did not bar indemnity for a “loss” for a “wrongful act” because of “in-fact” language which required adjudication against insured despite the insured’s conviction for a criminal act. Advertisements

Professional Service Exclusion Did Not Bar Coverage For Settlement Where Provision Of Credentialed Physicians Was Not Principal Service Provided By Blue Cross

Blue Cross of Idaho Health Serv., Inc. v. Atlantic Mut. Ins. Co., No. 1:09-CV-246-CWD, 2011 WL 162283, at *18-19 (D. Idaho Jan. 19, 2011)   Professional Service Exclusion Did Not Bar Coverage For Settlement Where Provision Of Credentialed Physicians Was Not Principal Service Provided By Blue Cross   The court found the “professional service” exclusion…

Are You Seeking Insurer Funding Of A Settlement For An Intellectual Property/Business Tort Claim/Lawsuit?

Selecting “Independent Counsel” to Maximize Opportunity for an Insurer Funded Settlement At the inception of a lawsuit, most policyholders focus on whether an insurer has agreed to defend.  Equally significant, however, is assuring that the policyholder obtains “independent counsel” funded by an insurer who can favorably position their interests to obtain a favorable settlement of…

Are You Seeking Indemnification Against Another Entity or The Benefits of Insurance Coverage for Claims of Indemnification Against Your Corporation Arising Out of an Intellectual Property Lawsuit?

The Role of Insurance in Indemnification in Intellectual Property Disputes Corporations that depend upon manufacturing outside the United States, with little recourse to pursue either indemnification or insurance benefits, are well-advised to have extensive insurance coverage to protect their operations against intellectual property claims.  It is hard to envision the myriad ways in which manufacturers…

Are You Seeking Insurance Benefits to Defend a Class Action Wage and Hour Lawsuit Under Your EPLI Policy?

Misrepresentation of an Employee’s Exempt Status May Trigger a Defense Under EPLI Policy for “Disseminat[ing] False Information,” (i.e., Misrepresentation) Insurance coverage under an EPLI policy with coverage for Inappropriate Employment Conduct, defined to include an “employment-related misrepresentation to . . . an employee,” may be triggered by conduct as well as statements that misclassify an…