S. Alice Weeks

Jul 18, 2024 | lexology.com | Geoffrey B. Fehling |S. Alice Weeks |Rachel E. Hudgins

A recent New Jersey Superior Court decision highlights the risks policyholders face when officers or directors serve dual-capacity roles, such as participating on boards for multiple companies. In Mist Pharmaceuticals LLC v. Berkley Insurance Co., Mist Pharmaceuticals obtained a $2 million directors and officers liability policy from Berkley. The policy provided coverage for the company’s current and former officers and directors.

Jan 16, 2024 | propertycasualty360.com | Geoffrey B. Fehling |S. Alice Weeks |Alex Pappas

The way related claims or acts are defined can vary greatly from one policy to the next. (ALM Media archives)Editor’s note: This is the second of a two-part series discussing the significance of “related” claims under directors and officer (D&O) and other claims-made liability policies. Part one of this series explained the importance of “related” claims and surveyed two recent federal cases that examined relatedness.

Dec 11, 2023 | propertycasualty360.com | Geoffrey B. Fehling |S. Alice Weeks |Alex Pappas

Related-claims issues can affect available coverage depending on several factors including the applicable law, policy language and specific circumstances giving rise to the claims. (Credit: Credit: Andrey Popov/Adobe Stock)Editor’s note: This is the first of a two-part series discussing the significance of “related” claims under directors and officer (D&O) and other claims-made liability policies. Most modern liability insurance policies have provisions about “related” or “interrelated” claims.

Nov 13, 2023 | lexblog.com | Michael Levine |S. Alice Weeks

The United States Supreme Court recently accepted review of In re Kaiser Gypsum Co., Inc., 60 F.4th 73 (4th Cir.

Nov 1, 2023 | lexblog.com | Geoffrey B. Fehling |S. Alice Weeks |Alex Pappas

Most modern liability insurance policies have provisions addressing whether different claims are “related” (or “interrelated”) for assessing potential coverage. Because the answer of whether two claims are “related” depends heavily on the facts giving rise to the underlying claims, the policy language, and applicable law, questions about relatedness can lead to significant insurance coverage disputes. The Tenth Circuit’s recent decision in Am. Sw. Mortgage Corp. v. Continental Cas.