Category «D&O Insurance»

Two Wrongs Can Make It Right

There are few things I hate more than seeing a policyholder forfeit coverage.  Most of my claims involve close calls, or unsettled or novel areas of the law.  Sometimes the claim is the type that is clearly covered, but the insurer refuses to provide coverage because it asserts the policyholder forfeited the coverage due to …

Severability Clause Saves Coverage For Additional Insureds

It has been a fairly quiet first half of 2016 for insurance law decisions in Florida.  Several important cases are pending with Florida appellate courts, and as the weather heats up hopefully some of those decisions will be released.  In the meantime, I want to discuss a common general liability insurance clause addressed in a …

Myth #2: Policy Forms Are “Standard” And Cannot Be Negotiated

Let’s start with a little background.  Since the McCarran-Ferguson Act  was passed by Congress in 1945, the insurance industry largely has been exempt from federal regulation.  That includes (with some limited exceptions) federal antitrust law.  So things that most companies cannot do (for example, all major banks agreeing to offer the same paltry interest rates …

Myth #1: Your Business Is “Fully Covered”

Last week I provided a list of my top 10 commercial insurance myths and misconceptions.  Today I want to start with the first misconception on the list: Your Business Is “Fully Covered”. I hear this a lot from clients.  From a liability standpoint, it usually means their company has a comprehensive general liability (CGL) policy …

10 New Year’s Resolutions For The Commercial Insurance Buyer

Now is a good time to review your commercial insurance programs and risk management plans to ensure that your company is adequately covered in 2012. Here are just a few of the issues risk managers, CFOs, and business owners should be looking at in the new year: 1. Have you updated your disaster contingency plans …