HNRK Coverage Corner
- Posts by Bradley J. NashPartner
Bradley Nash represents policyholders in insurance disputes and other parties in complex commercial litigation in state and federal courts in New York and across the country. Brad focuses his practice on insurance recovery for ...
In orders issued last week, a panel of the Ninth Circuit and a federal district judge in Hawaii certified questions to the Supreme Courts of Alaska and Hawaii regarding the scope of a liability policy’s “absolute” or “total” pollution exclusion. The state high courts will address whether carbon monoxide and carbon dioxide constitute “pollutants” under such an exclusion.
Ninth Circuit Order – Is Carbon Monoxide a Pollutant Under a Homeowners Policy?
The Ninth Circuit’s order in Estate of Wheeler v. Garrison Property & Casualty Ins. Co., No. 22-35484, issued on ...
On August 10, 2023, Judge Rennie of the Superior Court of Delaware issued a decision in a pair of cases, Viacom Inc. v. Paramount Global, C.A. N22C-06-016 SKR CCLD and Redstone v. ACE American Insurance Co., C.A. No. N22C-06-020 SKR CCLD, ruling that a D&O policy’s “bump-up” exclusion did not apply to losses arising from a merger transaction.
The coverage dispute arose from a 2019 transaction through which Viacom merged with CBS. As a result of the all-stock transaction, “all assets of Viacom ‘vest[ed] in CBS, and CBS was the surviving corporation.” Shareholders ...
On July 13, 2023, the Eleventh Circuit issued a decision in Continental Casualty Co. v. Winder Laboratories, LLC, Case No. 21-11758, resolving an issue of first impression under Georgia law—whether an insurer can recoup defense costs it paid under a duty to defend policy upon a finding that the insurer has no duty to indemnify the insured. The Court ruled that such recoupment is not permitted unless the policy expressly provides for it, explaining:
As an initial matter, we disagree with the insurers’ argument that there is a clear “majority” rule favoring recoupment across ...
On June 13, 2023, the Sixth Circuit issued a decision in Admiral Ins. Co. v. Fire-Dex, LLC, Case No. 22-3922, affirming a district court’s order declining to exercise jurisdiction over an insurer’s declaratory judgment action on the ground that the action turned on a “novel issue of Ohio insurance law” that should be resolved by the Ohio state courts.
At issue in Fire-Dex was whether illnesses arising from exposure to PFAS—so-called “forever chemicals”—in a manufacturer’s finished products constitute an “occupational disease” under Ohio law. The Sixth ...
On May 23, 2023, SDNY Bankruptcy Judge Martin Glenn issued an order in In re: SVB Financial Group, Case No. 23-10367(MG), lifting an automatic stay to permit Silicon Valley Bank’s D&O insurers to advance to defense costs to the bank’s officers in connection with litigation arising from the bank’s collapse.
A typical D&O policy offers coverage both to the corporation and to its officers and directors. SVB D&O insurance program consists of 16 so-called “ABC Policies”, which provides three categories of coverage: (1) “Side A” coverage goes directly to directors and ...
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Recent Posts
- Is Carbon a “Pollutant”? — The Supreme Courts of Alaska and Hawaii Receive Certified Questions Regarding Scope of Pollution Exclusions in Liability Policies
- Court Rules That D&O Policy’s “Bump-Up” Exclusion Does Not Apply to Merger Transaction
- Eleventh Circuit Rules Insurer Cannot Recoup Defense Costs Under Duty to Defend Policy
- Federal Court Declines to Exercise Jurisdiction Over Insurer’s Declaratory Judgment Action That Raised “Novel Issue of Ohio Insurance Law”
- Bankruptcy Court Lifts Automatic Stay to Permit Officers of Silicon Valley Bank to Access D&O Coverage
- E&O Policy Exclusion Bars Coverage for Negligence Claim Against Law Firm Arising from Third Party’s Misappropriation of Client’s Funds
- New Jersey Appellate Court Holds That Policy’s War Exclusion Did Not Apply to State-Sponsored Cyberattack
- New York Court Discusses Appellate Division Split Over Recoupment of Defense Costs Under a Duty to Defend Policy
- Delaware Law Governs D&O Policy Issued to Delaware Corporation Doing Business Outside the State
- Ohio Supreme Court Rules Computer Software Cannot Be Subject To “Physical Loss” Or “Physical Damage” Under Insured’s Property Insurance Policy
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