Archives: Directors & Officers Liability

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Fidelity Bonds and Employee Fraud

It’s amazing to me that Nigerian banker scams continue to appear in my inbox every now and then.  After all these years, businesspeople apparently continue to fall for them.  Click here for a pretty good fact sheet from the Australian government on how these scams work, and how to avoid them. Recently, a Minnesota bank … Continue Reading

Claims-Made Coverage and “Related Wrongful Acts”

Claims-made policies were supposed to simplify things.  In an article a few years back, insurance expert Fred Fisher noted that the idea behind such policies was to provide greater actuarial certainty for insurance companies, by ensuring that there would be no more claim activity following the end of a policy period (eliminating the “incurred but … Continue Reading

The Penn State scandal and the duty to defend

I greatly respect judges.  And, I feel sympathy for judges. They have a very difficult job. We hand them enormous caseloads for relatively low pay (most of them could make a lot more money in private practice) and then expect them to become conversant in every legal subject imaginable, from water rights to alimony.  By … Continue Reading

Other insurance clauses and the duty to defend

New York’s highest court just handed down an interesting decision in Fieldston Property Owners Ass’n v. Hermitage Ins. Co.  The case involved an underlying suit for “injurious falsehood,” and the question of who was obligated to provide a defense – the CGL carrier, the D&O carrier, or both?  The CGL policy stated that its coverage was primary … Continue Reading