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Publications
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05.05.2022Insurance Coverage in an Environmental Case: Focus On Claims HandlingLawyer Publications
The Foundation for Natural Resources and Energy Law Special Institute
Litigating an Energy, Natural Resources, or Environmental CaseThis paper provides an overview of claims under standard insurance policies in the context of energy, natural resources, and environmental litigation. -
06.22.2020Key Issues to Consider When Contemplating a Switch From an Occurrence-Based to a Claims-Made General Liability Insurance ProgramBlogs
Tech Risk Report
General liability coverage is insurance that responds to sums that the policyholder is legally obligated to pay as damages because of bodily injury or property damage to third parties (and generally will also include either a duty to defend such claims or to reimburse defense costs). -
03.20.2020COVID-19 Exclusions in Representation and Warranty Insurance Policies for M&A TransactionsUpdates
In response to the rapidly changing and unpredictable business environment resulting from the novel coronavirus (COVID-19) outbreak, underwriters of representation and warranty insurance (RWI) policies are introducing broad exclusions from business interruption or business downturn losses arising out of or relating to COVID-19, and in some cases, any related government or regulatory response.
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01.10.20202019 Tech Risk Report Q4 RoundupBlogsThe Perkins Coie Tech Risk Report Quarterly Roundup is a compilation of blog posts published over the previous quarter that provide analysis and interpretation on insurance issues related to cyber coverage, privacy, virtual currency, bitcoin, cryptocurrency, TCPA and consumer protection, among other related topics.
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03.25.2019Legal Landscape for Coal Ash Ponds Remains in FluxUpdatesFederal environmental law governing coal ash ponds used by many regulated electric utilities remains uncertain after a flurry of recent activity at the Environmental Protection Agency and in the courts.
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07.2016Insurance and M&A TransactionsLawyer Publications
A Few Things You Should Know
This edition of A Few Things You Should Know concerns Insurance and M&A Transactions. It addresses some key issues in the way M&A transactions can impact the insurance coverage of the parties involved in the transaction. -
07.2016Representation & Warranty InsuranceLawyer Publications
A Few Things You Should Know
This edition of A Few Things You Should Know concerns Representation & Warranty Insurance. “Representation & Warranty Insurance” (R&W Insurance) is a type of insurance policy purchased in connection with corporate transactions, and covers the indemnification for certain breaches of the representations and warranties in the transaction agreements. It is designed to provide additional flexibility in addressing these obligations, for example, by reducing or eliminating the need for an escrow by the Seller. -
06.2016Properly Identifying Additional InsuredArticlesThere are numerous ways that contract parties can shift the risk of certain types of losses between each other. One approach is to require one party to list the other, protected party as an additional insured on its own purchased insurance policies, thereby giving the protected party direct access to insurance coverage.
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03.29.2016What Methods of Allocation Will Prevail in New York?UpdatesToday, on March 29, 2016, the New York Court of Appeals, New York’s highest court, will hear oral argument on two significant allocation questions that could affect policyholders across the country.
An extended version of this Update was published in Law360 on 04.06.2016. -
12.2015Additional Insured Status and Coverage for Misnamed Additional InsuredsLawyer Publications
Perkins Coie
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09.2015MT Court: Companies Must Show Prejudice to Avoid Coverage Based on Late Notice Part 2Articles
Insurance Coverage Law Bulletin
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08.17.2015Baby Food Recall Covered Under Insurance PolicyLawyer PublicationsInsurance companies typically argue that a policyholder’s liabilities arising out of a product recall are only covered, if at all, under a specialized product recall policy, and not under more widely purchased standard-form general liability policies.
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08.2015MT Court: Companies Must Show Prejudice to Avoid Coverage Based on Late Notice Part 1Articles
Insurance Coverage Law Bulletin
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03.2015New York's Insurance Notice Statute and Contractual Choice of Law: When Is a New York Law Not 'New York Law'?Articles
Insurance Coverage Law Bulletin
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02.2014Government Investigations Can Constitute Covered Claims – And Require Notice – Under Liability Insurance PoliciesArticles
LexisNexis Emerging Issues Analysis
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11.2013“Settlements With Underlying Layers Satisfy Exhaustion Conditions in Excess Policies”Articles
LexisNexis Emerging Issues Analysis
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08.2013Britt v. Twin City: Private Equity Firms Should Review the Scope of the Insurance Purchased to Cover Claims Against Them and the Individuals They Place as DirectorsArticles
LexisNexis Emerging Issues Analysis
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10.2012Avoiding Gaps In Insurance Coverage for Private-Equity-Placed Directors at Portfolio CompaniesArticles
LexisNexis Emerging Issues Analysis
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05.2012The Consequences of an Insurance Company's BreachArticles
Insurance Coverage Law Bulletin
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12.05.2011Don't Let Employee Theft Impact Your Holiday ProfitsArticles
Chain Store Age
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11.15.2011'Tis The Season of Employee Theft: Steps to Ensure Your Fidelity Insurance Will Cover Your LossesUpdatesIncreased store traffic, the shift in management's attention to keeping stock available and the barrage of seasonal employees create an environment ripe for crimes of opportunity such as employee theft.
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Spring 2011Policyholders Beware: Do Not Let An Insurance Company Unilaterally Reduce the Defense Cost Coverage You PurchasedArticles
ABA’s Professionals’, Officers’ and Directors’ Liability Committee News
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07.2010The New Patent Troll Litigation - Attacking Your Patent Marking: Defending Your Company and Obtaining Insurance CoverageArticles
IPO.org
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11.2009Sauce for the Goose: Transfer of a Policyholder’s Insurance Coverage Rights by SubrogationArticles
Insurance Coverage Law Bulletin
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04.2009Insurance Company Conduct Endorsing the Fairness of ‘All Sums’ AllocationArticlesInsurance Coverage Law Bulletin
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03.2009Wisconsin Supreme Court Adopts ‘All Sums’ Allocation, Finds Asbestos Claims are Multiple OccurrencesArticlesInsurance Coverage Law Bulletin
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02.2008Misrepresentation: Insurance Company Efforts to Avoid Statutory RequirementsArticles
Insurance Coverage Law Bulletin
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06.2007Liability for Measures to Prevent Further HarmArticles
Insurance Coverage Law Bulletin
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2007Protecting a Policyholder’s Rights on Receipt of a Rescission LetterUpdates
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11.2006Waiver or Ratification of Alleged Misrepresentations By Subsequent Insurance Company ConductArticles
Insurance Coverage Law Bulletin
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10.2006Policy Clauses that Limit Lawsuits Create PitfallsArticlesBusiness Insurance
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06.2006Maryland High Court Holds Total Pollution Exclusion: Does Not Bar Coverage for Welding Fumes ClaimsArticles
Insurance Coverage Law Bulletin
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03.2006Substitution of ‘The Sums’ or ‘Those Sums’ for ‘All Sums’ Does not Alter the Scope of CoverageArticles
Insurance Coverage Law Bulletin
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09.2005Documentation Requirements: No Right for Carriers to Second-Guess Primary Carrier’s Settlement PaymentsArticles
Insurance Coverage Law Bulletin
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05.2005Duties in Event of Occurrence: Many Insurance Policies Do Not Purport to Make Notice a Condition PrecedentArticles
Insurance Coverage Law Bulletin
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09.2004Intentional Waiver of Unintentional Misstatements: Contractual Limitations to Insurance Policy RescissionArticles
Insurance Coverage Law Bulletin
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Spring 2001Coverage Exists for Public Lawsuits Against Targeted Products: Damages Sought Are Because of Bodily Injury or Property DamageArticlesJournal of Insurance Coverage
Presentations
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05.03.2023Settlement of Underlying Claims When the Policyholder and Insurance Company DisagreeSpeaking Engagements
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05.02.2023Potential Pitfalls in Achieving Additional Insured Status (and How to Avoid Them)Speaking Engagements
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05.05.2022
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04.12.2022Responding to Rescission Letters and Disputing Misrepresentation AllegationsSpeaking Engagements
Risk and Insurance Management Society 2022 Annual Conference / San Francisco, CA
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04.11.2022Settlement of Underlying Claims When the Policyholder and Insurance Company DisagreeSpeaking Engagements
Risk and Insurance Management Society 2022 Annual Conference / San Francisco, CA
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04.26.2021Potential Pitfalls in Excess Coverage and How to Avoid ThemSpeaking EngagementsRIMS LIVE 2021 Annual Conference / Virtual Session
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04.21.2021The Policyholder and Insurance Company Settlement: Reservation of Rights Letters, Rescission Letters and Claims SettlementSpeaking EngagementsRIMS LIVE 2021 Annual Conference / Virtual Session
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04.21.2021Transactional Insurance and Insurance Issues in TransactionsSpeaking EngagementsRIMS British Columbia Chapter / Virtual Meeting
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04.15.2021Settlement of Underlying Claims: When the Policyholder and Insurance Company DisagreeSpeaking EngagementsRIMS Oregon Chapter / Virtual Meeting
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10.11.2019Settlement of Underlying Claims: When the Policyholder and Insurance Company DisagreeSpeaking EngagementsVirginia Chapter of RIMS 2019 Education Conference / Virginia Beach, VA
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03.13.2018Transactional Insurance and Insurance Issues in TransactionsSpeaking EngagementsRIMS Meeting / Cary, NC
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08.31.2017Representation & Warranty Insurance Coverage in Corporate TransactionsSpeaking EngagementsIn House Continuing Legal Education Seminar for Manufacturing Company
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03.30.2017Settlement of Underlying Claims: When the Policyholder and Insurance Company DisagreeSpeaking EngagementsSan Diego RIMS Chapter Meeting / San Diego, CA
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04.11.2016Reservation of Rights: Protecting the PolicyholderSpeaking EngagementsRIMS 2016 Annual Conference and Exhibition / San Diego, CA
