Specialty Lines

Expert Analysis

• Pre-IPO Companies Should Upgrade Their D&O Coverage

  

  Directors and officers of private companies — especially startups preparing for their initial public offering — should consider enhancing their D&O insurance coverage to confront the new regulatory and compliance risks they face, say attorneys at Freshfields and Burns Bowen.

• 5 Tips For Purchasing Insurance During A Pandemic

  

  Insureds are likely to purchase or renew insurance at least once during the COVID-19 crisis and should plan carefully to mitigate the risk of potential coverage gaps caused by the pandemic's long duration and broad impact, says Dennis Windscheffel at Akin Gump.

• How Cos. Can Adapt To Insurance Industry After COVID-19

  

  Policyholders should maintain diligence, carefully assess risks, and thoughtfully rebalance risk transfer and mitigation strategies in order to weather the pandemic's long-term impact on the insurance industry, says Daniel Struck at Culhane Meadows.

• 'Notice Of Circumstances' May Preempt Virus Insurance Denial

  

  Insurance policyholders impacted by COVID-19 should consider proactively sending notices of circumstances to their insurers in order to preempt new pandemic policy exclusions, although this tactic carries certain risks as well, say Richard Milone and Jennifer Romeo at Milone Law Firm.

• Maximize Chances Of Insurance Coverage For COVID-19

  

  Policyholders suffering losses related to COVID-19 can take steps right now, such as documenting proof of loss and mitigation efforts, to preserve their chances of recovery under property or business interruption insurance policies, says Creighton Page at Foley Hoag.

• D&O Insurance Tips For Coronavirus-Related Claims

  

  Directors and officers liability insurance may prove to be a source of relief for public companies battling shareholder claims stemming from the coronavirus pandemic, depending on specific language and exclusions that must be carefully reviewed, say Catherine Doyle and Jan Larson at Jenner & Block.

• COVID-19 Claims Reach Entire Insurance Coverage Spectrum

  Excerpt from Practical Guidance

  

  COVID-19's impact on public health and business is triggering a barrage of insurance claims across virtually all traditional coverage areas, with each type of policy featuring unique weaknesses, says LexisNexis insurance consultant Karen Yotis.

• Delaware Dole Ruling Will Guide Allocation In D&O Policies

  

  In a dispute between Dole Food and certain excess insurers of a directors and officers insurance policy, the Delaware Supreme Court recently interpreted an explicit allocation provision and articulated a rule that will instruct both insurers and insureds, say Brian Scarbrough and Huiyi Chen at Jenner & Block.

• 8 Possible Paths To Insurance Coverage For COVID-19 Losses

  

  At least some insurance policies are almost certain to apply to coronavirus-related losses, and a few hypothetical situations explain how, say attorneys at Covington.

• NJ Cos. May Have Insurance Coverage For COVID-19 Losses

  

  Two New Jersey cases from 2009 and 2014 indicate that the physical injury requirement under property insurance policies may be interpreted broadly enough to apply to losses resulting from the coronavirus crisis, say Robert Chesler and Nicholas Insua at Anderson Kill.

• Dealing With D&O Liability Caused By COVID-19 Pandemic

  

  As directors and officers face compliance challenges in fulfilling their fiduciary duties amid the coronavirus outbreak, they must be mindful of U.S. Securities and Exchange Commission requirements — despite recent filing deadline relief — and D&O insurance considerations, say attorneys at Kelley Drye.

• Insurance Ruling Handles Ransomware Coverage Logically

  

  A Maryland federal judge's recent decision in National Ink and Stitch v. State Auto is among the first to hold that a business owner's insurance policy covered ransomware attack losses, utilizing well-reasoned analysis to demonstrate that coverage for cyberrisks can be found in traditional insurance contracts, say attorneys at Jaszczuk.

• 11th Circ. Insurance Ruling Views Cybercrime Realistically

  

  The Eleventh Circuit's recent opinion in Principle Solutions v. Ironshore demonstrates courts' willingness to adopt a reasonable view of insurance coverage for cybercrime, while the dissent serves as a warning against outdated provisions, say Patrick Cordova and Caroline Meneau of Jenner & Block.