The Anatomy of a Broadly Drafted D&O Contract Exclusion
A typical D&O policy’s Contract Exclusion readily applies to an insured’s potential liabilities for any breach of contract claims. However, for insurers seeking a broadly worded Contract Exclusion, the exclusion can extend well beyond simple breach of contract claims, and even bar coverage for underlying lawsuits not containing any contractual causes of action, involving contracts to which the insured is not a party, and involving conduct that occurred prior to the contract itself.
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A Recent Case Study on the Mutual Duties of Primary Insurers and Excess Insurers
The relationship between excess insurers and primary insurers is a complex one. There typically is no contractual relationship between them. Instead, both have contractually agreed to provide insurance coverage to a policyholder. Based on those contractual obligations, many states hold that each insurer owes the policyholder a duty of good faith and fair dealing to evaluate claims and settle them within limits if it is reasonable to do so. And yet, the actions of the primary insurer and the excess insurer in fulfilling those duties can prejudice the other depending on the circumstances.
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The 2024 Restructure of Louisiana Bad Faith Laws: Will It Help?
With Louisiana on the Gulf Coast and a frequent victim of the power of large storm events, insurers are closely watching the effect of lawmakers’ recent restructuring of Louisiana’s bad faith laws. 
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Colorado Supreme Court Allows Recovery Under Workers’ Compensation and UM/UIM Insurance for Workplace Injuries
In a recent decision interpreting the interplay between the Colorado Workers’ Compensation Act (WCA) and uninsured/underinsured motorist (UM/UIM) insurance, the Colorado Supreme Court ruled that an employee injured by a third-party tortfeasor may seek benefits through both a worker’s compensation claim and their employer’s UM/UIM carrier. In so doing, the court provided important clarification to the WCA’s exclusivity provisions and immunity provision – and under what circumstances those provisions apply to employers’ UM/UIM insurers.
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The Problems that Suspended Corporations Create for Insurers in California
In a sequel and update to “The Problem of Suspended Corporations in the Present Economic Downturn” published in the ABA Committee on Insurance Coverage Litigation newsletter (Vol 20, Number 4 July/August 2010), this article outlines problem areas and techniques and updates the areas of concern for insurers facing a situation with a suspended corporation. 
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