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Fidelity Bonds and Employee Fraud

By Gene Killian on June 13, 2015
Posted in Crime or theft, Directors & Officers Liability, Fidelity insurance, Late Notice

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…

Crime Policies and Computer Fraud Coverage

By Gene Killian on August 31, 2012
Posted in Crime or theft, Emerging Trends, Fidelity insurance

Can a first-party insurance policy ever provide coverage for third-party loss?  Well…that depends on what the policy actually says, which goes back to the first rule of all coverage work:  Read The Policy.  (Corollary rule:  Assumptions Are The Mother of All Foulups.)

Here are the facts from a very recent case decided by the U.S.

Fidelity insurance and Ponzi schemes

By Gene Killian on March 19, 2012
Posted in Contract construction, Emerging Trends, Fidelity insurance, Named Insured, Specialty Insurance

Spring is a time of rebirth and hope, especially for baseball fans.  No matter how badly your team played last year, when March rolls around, you’re tied for first!  That is, unless (like me) you’re a fan of the woeful New York Mets.  After just a few weeks of spring training, their third baseman already…

About Eugene Killian

is an AV-rated®  graduate of the University of Chicago (B.A., English, with honors) and the University of Michigan Law School. Gene practiced with one of the nation’s preeminent insurance coverage law firms before starting his own law firm in 1995, which is now known as The Killian Firm, P.C. He has represented major business policyholders in a variety of high-profile insurance coverage disputes, both at trial and at the negotiating table. He is a Charter Fellow and New Jersey Co-Chair of the Litigation Counsel of America, an invitation-only society of elite trial attorneys. He is also a Fellow of the American Bar Foundation. ABF Fellows comprise a global honorary society of attorneys, judges, law faculty, and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities. Membership in the Fellows is limited to one percent of lawyers licensed to practice in each jurisdiction. Fellows are recommended by their peers and elected by the Board of the American Bar Foundation.

Practice Areas

  • Insurance law, representing commercial policyholders
  • Alternative dispute resolution
  • Commercial litigation

Professional Associations

  • Charter Fellow, Litigation Counsel of America
  • Fellow, American Bar Foundation
  • New York State Bar Association
  • American Bar Association
  • New Jersey State Bar Association

Education

  • B.A. English 1982, University of Chicago (with honors)
  • J.D. 1985, University of Michigan Law School

Bar Admissions

  • New Jersey
  • New York
Read More....

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  • Be careful with your insurance policy application
  • “Uninsurable” loss and the rules of construction
  • Heightened pleading requirements for insurance claims in New Jersey
  • Update: Insurance coverage for COVID-19 losses
  • The trouble with “no action” clauses
The Killian Firm, P.C.
Gene Killian
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About this Blog

is an AV-rated®  graduate of the University of Chicago (B.A., English, with honors) and the University of Michigan Law School. Gene practiced with one of the nation’s preeminent insurance coverage law firms before starting his own law firm in 1995, which is now known as The Killian Firm, P.C. He has represented major business policyholders in a variety of high-profile insurance coverage disputes, both at trial and at the negotiating table. He is a Charter Fellow and New Jersey Co-Chair of the Litigation Counsel of America, an invitation-only society of elite trial attorneys. He is also a Fellow of the American Bar Foundation. ABF Fellows comprise a global honorary society of attorneys, judges, law faculty, and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities. Membership in the Fellows is limited to one percent of lawyers licensed to practice in each jurisdiction. Fellows are recommended by their peers and elected by the Board of the American Bar Foundation.

Practice Areas

  • Insurance law, representing commercial policyholders
  • Alternative dispute resolution
  • Commercial litigation

Professional Associations

  • Charter Fellow, Litigation Counsel of America
  • Fellow, American Bar Foundation
  • New York State Bar Association
  • American Bar Association
  • New Jersey State Bar Association

Education

  • B.A. English 1982, University of Chicago (with honors)
  • J.D. 1985, University of Michigan Law School

Bar Admissions

  • New Jersey
  • New York
Read More...
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