defense costs News

Viewpoint: Satisfying Policy Retentions or Deductibles with Other People’s Money

Simply stated, insurance policy deductibles or retentions are a dollar threshold that must be satisfied before an insurer will pay any defense or indemnity costs on a claim.[1] Many insureds seek to contain their insurance premium costs by purchasing policies …

Viewpoint: Due Process, Bill Cosby, and D&O Liability Insurance Conduct Exclusions

Directors and officers liability insurance policies often contain exclusions for losses related to criminal or deliberately fraudulent activities. Such exclusions usually are limited to circumstances in which the fraud or crime is finally adjudicated. The path from initial allegations to …

Cloudy D&O Policy Language May Force Insurer to Pay for Defense of Investor Suit

Because of “ambiguous” policy language in a complicated insurance contract, a directors and officers insurer may be liable for more than $600,000 in legal fees paid by the founder of a business that was sued by its investors. A panel …

Nevada Supreme: Insurer Entitled to Reimbursement for Defense Costs if No Coverage Owed

An insurer that paid to defend a policyholder against a lawsuit, but determined later that no coverage was owed, is entitled to reimbursement for its costs, a divided Nevada Supreme Court said. In a 4-3 decision on Thursday, the high …

Revised Weinstein Settlement Draws Opposition at Court Hearing

WILMINGTON, Del. — Lawyers for Harvey Weinstein’s bankrupt film studio on Wednesday presented a revised proposal to settle sexual misconduct claims against the disgraced former producer, but an attorney for accusers pledged to oppose the plan. The $35.2 million proposal …

Insurers Fret as Company Bosses Face Coronavirus Legal Claims

Insurers are increasingly worried about shareholders, employees or customers bringing coronavirus-related claims against company executives and are considering excluding the virus from policies that protect the bosses, industry sources say. Two cases have been filed in the United States in …

Viewpoint: 11th Circuit Holds No Obligation to Defend Against DOJ Antitrust Investigation

On July 23, the U.S. Court of Appeals for the Eleventh Circuit, in Crowley Maritime Corp. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA held that, because Crowley Maritime Corp. failed to provide timely notice of a claim, National …

Hotel Owner Sues Insurance Company After Vegas Mass Shooting

LAS VEGAS — More than 4,000 people are seeking damages from MGM Resorts International related to the Las Vegas Strip mass shooting that left 58 people dead, the casino giant said in a lawsuit alleging its insurance company has failed …

Study Reveals Early Case Review and E-Billing Top Cost Containment Programs

According to a recent LexisNexis/CounselLink survey of 86 property/casualty claims and law departments, controlling defense costs was the key initiative for 2015 and 2016. Respondents of the LexisNexis Property & Casualty Claims and Litigation Cost Containment Survey ranged from vice …

Insurance Company Denies Claims by North Dakota Potato Baron

The group that insures an Idaho potato company says it should not have to pay the legal bills of a North Dakota man who serves as chairman of the company. Ronald Offutt Jr., of Fargo, has filed a federal lawsuit …