Specialty Lines

Expert Analysis

• Considerations In Structuring Private Equity D&O Coverage

  

  With the surge in investment activity driven by the ongoing pandemic recovery, private equity firms should carefully consider the scope of protection afforded by their directors and officers and general partnership liability programs, and how that coverage fits into their overall risk mitigation strategy, say Geoffrey Fehling and Syed Ahmad at Hunton and Rachel Beck at CAC Specialty.

• The Complex State Of Insurance In The Cannabis Business

  

  Jan Larson and Philip Sailer at Jenner & Block outline the complex cannabis regulatory schemes perplexing courts faced with insurance coverage cases and discuss legislative solutions that could at least begin to reduce the challenges for both policyholders and insurers.

• D&O Coverage Considerations Amid Increasing SEC Scrutiny

  

  With all signs pointing to heightened U.S. Securities and Exchange Commission oversight and enforcement, policyholders should be asking four questions to ensure their directors and officers insurance provides the protection they expect and to avoid coverage disputes, say Robin Cohen and Orrie Levy at Cohen Ziffer.

• Policyholder Best Practices As Cyberattacks Escalate

  

  As ransomware attacks increasingly target corporate victims, policyholders should enhance cybersecurity and privacy efforts to avoid regulatory hot water and mitigate the effects of rising insurance premiums and coverage restrictions, say Lee Epstein and Krishna Jani at Flaster Greenberg.

• Embracing ESG: AIG Counsel Talks SEC Risk Alert

  

  As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

• Insurance Commissioner's Agenda: Wis. Tackles Climate Risk

  

  Wisconsin Commissioner of Insurance Mark Afable talks about educating consumers on potential climate-risk coverage gaps and mitigation efforts, and encouraging insurers to recognize the latter in underwriting, in the face of increasingly frequent and severe weather disasters.

• Insurer Considerations For Post-Pandemic Virtual Mediation

  

  To determine whether to continue engaging in virtual mediations after the pandemic ends, insurers should weigh the format's challenges against its benefits, including decreased hostility between parties, time and cost, and increased client participation, say Jennifer Gibbs and Amanda Rodriguez at Zelle.

• Key Considerations For D&O Policy Related-Claims Clauses

  

  A California federal court's decision in Stem v. Scottsdale Insurance — which found that multiple claims were subject to a single policy limit under the related-claims provision in a directors and officers insurance policy — highlights areas of consideration, such as policy language and choice of law, for businesses shopping for D&O policies, say attorneys at Hunton.

• NY Ruling Should Make Counsel More Cautious In Emails

  

  A recent New York Appellate Division decision, Philadelphia Insurance v. Kendall, makes it much more likely that a settlement could be effectuated by simple email exchanges without more formal written documentation memorializing all the terms of the settlement, says Christopher Gorman at Abrams Fensterman.

• Insurance Brokers Should Expect Wave Of E&O Claims

  

  Policyholders' unsuccessful COVID-19 business interruption suits and the pandemic-related move to remote work will likely result in a plethora of errors and omissions claims brought against insurance agents and brokers, as evidenced by recently filed cases, says Peter Biging at Goldberg Segalla.

• What SPAC Litigation Trends Could Mean For D&O Insurance

  

  A look at the last two and a half years of securities litigation related to special purpose acquisition companies suggests that directors and officers insurance policyholders should prepare to confront coverage issues, particularly given the hardening D&O insurance market and the anticipated increase in regulatory oversight, say Huiyi Chen and David Kroeger at Jenner & Block.

• The Need For Insurance Options To Protect NFTs

  

  Until insurance companies offer crucial protections to cover the unique risks in the nonfungible token market, NFT owners, buyers, marketplaces, wallet providers and server farms remain exposed to potentially significant hazards, say attorneys at Pillsbury.

• An Insurer's Guide To Policyholder Bankruptcy

  

  Given the increased likelihood of policyholders filing bankruptcy petitions in the wake of the pandemic, insurance professionals must be aware of five basic principles when dealing with an insured in bankruptcy, says Eric Fitzgerald at Goldberg Segalla.