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Insight
2025 Financial Lines Executive Liability Newsletter
By Alliant
Navigating today’s complex risk environment can be a monumental task. Steve Shappell, Alliant Claims & Legal, spearheads Executive Liability Insights, a monthly review of news, legal developments and information on executive liability, cyber risk, employment practices liability, class action trends and more.
In this issue:
- FOURTH CIRCUIT HOLDS THAT BUMP-UP EXCLUSION PRECLUDES COVERAGE FOR SETTLEMENT, INCLUDING THE PORTION THAT ULTIMATELY WENT TOWARD ATTORNEYS' FEES
- SENATE BILL 29 MAKES TEXAS A PREFERRED STATE FOR INCORPORATION
- A BUSINESS’ PLACE OF INCORPORATION GUIDES RULES FOR FILING DERIVATIVE LAWSUITS IN NEW YORK
- OREGON CRACKDOWNS ON CORPORATE OWNERSHIP IN THE HEALTHCARE SPACE WITH SENATE BILL 951
In this issue:
- THE SUPREME COURT EXPANDS RICO TO REDRESS BUSINESS LOSSES THAT STEMS FROM PERSONAL INJURIES
- INSURER IS NOT LIABLE FOR SETTLEMENT IT DID NOT CONSENT TO, EVEN IF IT MAINTAINED A DENIAL AT THE TIME OF THE SETTLEMENT
- COURT OF APPEALS RULING BASED UPON § 533 – HOLDING INSURER IS NOT OBLIGATED TO ADVANCE DEFENSE COSTS FOR WILLFUL ACTS
- NO COVERAGE FOR WRONGFUL ACTS ALLEGED PRIOR TO TRANSACTION AS WELL AS CAPACITY ISSUES
- D&O POLICY’S REGULATORY CLAIMS ENDORSEMENT COVERAGE IS SUBJECT TO A RETENTION
- NEVADA’S PLEADING STANDARDS FOR CONFLICTED TRANSACTIONS STRICTER THAN DELAWARE
- LLC AGREEMENTS ARE CONTROLLED BY THEIR TERMS AND NOT IMPLIED DUTIES
In this issue:
- INSURERS AVOID COVERAGE BASED ON CHANGES IN EXPOSURE PROVISION
- INSURERS NOT OBLIGATED TO COVER BIPA CLAIMS UNDER BROAD RECORDING-AND-DISTRIBUTION EXCLUSION
- AUTOMAKER SETTLES FOR ALLEGED VIOLATIONS OF CALIFORNIA CONSUMER PRIVACY ACT
- TWO CASES FILED 18 YEARS APART ARE DEEMED UNRELATED IN A FACT INTENSIVE ANALYSIS
- COURT RULES THAT UNREAD E-MAILS TRIGGER CLAIMS-MADE POLICY UPON RECEIPT
In this issue:
- COURT BROADLY APPLIES “MEANINGFUL LINKAGE” STANDARD IN INTERRELATED WRONGFUL ACTS ANALYSIS
- NINTH CIRCUIT HOLDS THAT SHAREHOLDER CLAIMS MUST BE TRACEABLE UNDER SECTION 11 AND 12(a)(2)
- TRUSTEES HAVE NO STANDING TO SUE D&O INSURERS FOR DECLARATORY JUDGMENT
- COURT REJECTS INSURER’S BROAD APPLICATION OF A BREACH OF CONTRACT EXCLUSION IN QUI TAM ACTION
- DELAWARE’S CONTROVERSIAL AMENDMENTS TO ITS CORPORATE LAW PASSED BY STATE SENATE IN RESPONSE TO CONCERNS OVER “DEXIT”
- INSURERS AVOID COVERAGE BASED ON “CHANGES IN EXPOSURE” PROVISION
- DELWARE COURT FAVORS BROAD COVERAGE AND HOLDS STOCK PAYMENT CONSTITUTES COVERED LOSS
- FCC TO MOVE AWAY FROM SECTION 230 PROTECTION FOR ONLINE PLATFORMS?
- AS THE US REDUCES REGULATION ON FOREIGN CORRUPT PRACTICES, THE UK IS INCREASING SUCH REGULATION
- COURT APPLIES BUSINESS JUDGMENT RULE TO REINCORPORATION ABSENT PENDING LIGATION
- INSURER ABSOLVED FROM DEFENDING BREACH OF FIDUCIARY DUTY ALLEGATIONS BASED ON PRIOR NOTICE EXCLUSION
- SUBLIMIT ACTS AS AN EXCLUSION TO COVERAGE
- THE FTC AND CONSUMERS DECLARE WAR ON DATA COLLECTORS: INSURANCE IMPLICATIONS ARE LIKELY TO FOLLOW
- D&O POLICY’S RELATED WRONGFUL ACTS EXCLUSION BARS COVERAGE
- FIFTH CIRCUIT’S DECISIONS MAY FURTHER DERAIL ESG INVESTING EFFORTS
- DELAWARE COURT APPLIES NEW YORK LAW TO A COVERAGE DISPUTE ABOUT RELATEDNESS
- NORTH CAROLINA SUPREME COURT FINDS PROPERTY INSURANCE POLICY COVERS LOSS OF PROPERTY USE DUE TO COVID RESTRICTIONS
- NARROW INTERPRETATION OF WRONGFUL ACT DEFINITION IN PROFESSIONAL LIABILITY POLICY PRECLUDES COVERAGE FOR PROPERTY MANAGEMENT FIRM
- DELAWARE SUPERIOR COURT RULES “BUMP-UP PROVISION” DOES NOT APPLY TO BAR COVERAGE FOR SETTLEMENT OF SHAREHOLDER CLASS ACTION
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