Legal Duties of An Insurance Agent

The main premises of an agent’s E&O policy is built on the concept of legal liability – in other words, the agency must be found to be legally liable for the policy to pay.  

Information Regarding Pending Lawsuit Provided on Insurance Renewal Application Does Not Constitute

In Atlantic Health System Inc. v. National Union Fire Ins. Co. of Pittsburgh, 2012 WL 640033 (3d. Cir. (N.J.) February 29, 2012), Atlantic Health System, Inc., AHS Hospital Corp., and Atlantic Ambulan

Accountant’s False Answers to Policy Application Questions Concerning Investment Activities and Di

An insurance company that provided professional liability insurance to a certified public accountant was entitled to rescission of the insurance contract based upon the insured’s intentional mi


Recent case law demonstrates that when agreeing to add a party as an additional insured, careful risk management requires explicit and unambiguous insurance provisions to properly assign risk.  

Broker Had No Duty to Monitor Solvency of Insurance Company After Policy Issued

    In a case of first impression a California Court of Appeals declined to impose a duty upon a broker to advise an insured that its

Emails Exchanged Between Counsel Construed As Written Modifications of Arbitration Agreement

In T & Beer, Inc. v. Wine Source Selections, LLC , 2012 WL 360286 (N.J. Super. February 6, 2012), unpublished, Plaintiff was engaged in the wholesale distribution of beer and wine, primarily in Ne

Protecting Yourself From Underwriter Mistakes

You’re with a corporate client with difficult to place group health insurance coverage, in light of the company’s claims history. When the client’s group health coverage comes

Florida Supreme Court Finds That Insurer’s Engineer and Professional Geologists Are Not Presumed C

    Plaintiff insured filed a sinkhole claim with defendant insurer in August 2005. The insurer hired a forensic engineering and earth s

Insurer’s Duty to Defend Continues Until All Arguably-Covered Claims Against the Insured Have Been

    Plaintiff homeowners sued defendants, a planning agency and its contractor, for damages they allegedly sustained to their home as

New York’s First Department Holds That Standards Used In Additional Insured Endorsements Are Not M

  In a decision that could substantially impact the scope of Additional Insured coverage afforded by General Liability policies, New York’s First Appellate Department recently held inÂ

Two Pleadings Contain “Interrelated Wrongful Acts” Despite the Inclusion of New Parties and Caus

A directors and officers liability insurance policy’s definition of “Interrelated Wrongful Acts” included both an original cross-complaint and the first amended cross-complaint desp

No Coverage for Insurance Agent’s Claim Against His Agency for Failure to Procure Coverage

Plaintiff insurance agent was employed by his corporate insurance agency and was both an agent and an insured under the E&O policy issued to agents by defendant carrier. When the insured agent inj

Arm Yourselves Tax Preparers: Taxpayer Recovery of Interest Charges Disfavored in California

There has been a recent uptick in lawsuits brought by taxpayers claiming that their tax preparer rendered negligent tax advice or caused tax reporting errors that resulted in an audit by the

Parent Corporations With “Ultimate Authority” are Potentially Liable for Alleged Misrepresentati

 A motion to dismiss a securities shareholder class action complaint was recently denied in part by the Southern District of New York because the plaintiffs sufficiently alleged that a defendant pa

How to Destroy Your Reputation in 7 Easy Steps

‘Reputational Risk’ is often in the news, and we’ve seen many role models to show how to handle – or not – a business crisis. Arrogance, greed, secrecy and easy sh

Conflicts of Interest Can Eat Your Lunch

Recently, a client had an expensive and disappointing experience.  Their Human Resources service provider suddenly had a problem with a difficult employee-related action my client felt obligated to

Contingency Plans = Survival!

The last Tip, “The ‘Oops’ Factor of Risk Management” introduced Contingency Planning as a business survival tool. I said these plans are simple but detailed.    Ho

The “Oops” Factor of Risk Management

Contingency planning might be the most important element of risk management. Director magazine several years ago reported that 80% of firms that suffer a major setback to revenue do not survive â

Federal Court Dismisses IndyMac Subsidiary’s Coverage Action, Finding No Standing to Seek Coverage

By Elizabeth Musser, Esq.    The Central District of California dismisses a coverage action brought by a subsidiary of failed bank IndyMac against IndyMac’s D&O insurance ca

Nonresident-Employees Working in California Entitled to Overtime under State Law, Ninth Circuit Rule

By Mark S. Askanas, Esq.   Nonresidents of California are entitled to overtime pay under California law for work performed in California, the U.S. Court of Appeals for the Ninth Circuit has rule

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