As we prepare for another change in Administration in the White House, it is crucial for employers and plan sponsors to stay informed and prepared. While much of what lies ahead is speculative, understanding these possible changes can help employers
Insurance
Construction Defect Claim Survives Insurer’s Summary Judgment Motion Due to Lack of Evidence
The court denied the insurer’s motion for summary judgment on a construction defect claim due to lack of evidence. Statesboro Erectors, Inc. v. Owners Ins. Co., 2024 U.S. Dist. LEXIS 176555 (N.D. Ga. Sept. 30, 2024).
…
State AGs File ESG-Related Antitrust Suit Against Big Institutional Investors
ESG has been and remains a serious concern for corporate executives. However, the role that it plays as a part of the corporate risk equation has changed. From a time not that long ago where companies were under pressure to…
Guest Post: India: Environmental Litigation Risks – D&O Liability Insurance
Umesh Pratapa
In the following guest post, Umesh Pratapa takes a look at environmental liability risks under Indian law and consider the D&O insurance implications. Umesh is the Author of the handbook on D&O liability insurance published by Institute of…
Court Grants Bifurcation of Coverage Issues from Bad Faith Claim
The federal district court for the district of Hawaii granted the insurer’s motion to bifurcate the trial of coverage issues from issues regarding the insurer’s alleged bad faith. Allied World Nat’l Assur. Co. v. Counterclaim NHC, Inc., 2024…
Sixth Circuit Clarifies That Plaintiffs Must Plead, Not Prove, Excessive Fees
Johnson v. Parker-Hannifin Corp., No. 24-3014, __ F.4th __, 2024 WL 4834717 (6th Cir. Nov. 20, 2024) (Before Circuit Judges Moore, Murphy, and Bloomekatz)
We’re bringing you an abbreviated Your ERISA Watch this week because of the holiday. In…
CA Court: Suit to Recover Executive’s Defense Fees not “Restitutionary”
Is a company’s action against a corporate executive to recover the costs of defense the company advanced on his behalf “restitutionary” in nature and are the amounts involved therefore precluded from coverage under the D&O insurance policy’s definition of Loss?…
When Rejected in Writing no UM/UIM Coverage
When Rejected in Writing no UM/UIM Coverage
Post 4939
See the full video at https://rumble.com/v5sz2eb-when-rejected-in-writing-no-umuim-coverage.html?mref=22lbp&mrefc=2 and at https://youtu.be/bQegaaSsIIM
Karina Monasterio appealed the district court’s judgment in favor of Progressive Express Insurance Company on Progressive’s complaint for declaratory judgment and Monasterio’s…
Lululemon Hit with Derivative Suit for Allegedly Ineffective DEI Program
As often happens when companies are hit with securities class action lawsuits, Lululemon, which in August was sued in a securities suit, was hit with a parallel shareholder derivative lawsuit. The derivative suit allegations not only largely track the…
Insurer Properly Sanctioned for Failure to Obey Court Order
It is Never Proper to Fail to Comply With Court Order
Post 4937
See the full video at https://rumble.com/v5so3zz-insurer-properly-sanctioned-for-failure-to-obey-court-order.html and at https://youtu.be/eCEBdjCSwLU
Insurer Privilege Underwriters took its name too far trying to obtain privileges from the Arkansas Court of…