E&O Prevention

The FTC Has Authority To Sue Companies For Failure To Maintain Proper Cyber Security Practices As “Unfair Practices”

By Allison Livezey, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C. FTC v. Wyndham Worldwide Corp., 2015 U.S. App. LEXIS 14839 (3d. Cir. Aug. 24, 2015) In...

Upon Rescission for Material Misrepresentation, Insurers Need Not Defend or Indemnify Insured

By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C In Thomas DeMarco v. Sean Robert Stoddard, D.P.M., 2015 N.J. LEXIS 1237 (N.J. December 1, 2015), Defendant Sean...

When Less Is More: The Pitfalls Of Saying Too Much In Professional Contracts

By Eric Cheng, Esq. of Wilson Elser Design and other professionals often incorporate their practices in an effort to avoid individual liability. They also add well-crafted limitations of...

Polluting the Plain Meaning of Policy Exclusions

By Meghan A. Collins, Esq. and Michael A. Hamilton, Esq. of Goldberg Segalla The scope of the pollution exclusion in liability policies continues to be a highly-contested insurance...

Custom-Tailor Pre-Employment Test Benchmark Scores: 1 Smart Method You Should Use + 2 Stupid Methods You Should NOT Use

By Michael Mercer, Ph.D., Mercer Systems, Inc. Pre-employment tests can help you hire terrific employees when you use custom-tailored benchmark scores for each job in your organization. BEST...

Insurance Commissioners Draft Cybersecurity Bill Of Rights

By Marc Zimet, Esq. of Jampol Zimet LLP The National Association of Insurance Commissioners (NAIC) is taking steps to address cybersecurity risks posing a threat to the insurance...

Below-Limit Settlement Does Not Exhaust Underlying Insurance

By Lindsey Dean, Esq. of Tressler LLP A first layer excess insurance policy was not triggered by a primary insurer’s below-limit settlement with a mutual insured, as such...