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Articles by Bryan Coffey
Cos. Considering DExit Should Assess D&O Insurance Effects
By Bryan Coffey and David Klein ( June 12, 2025, 5:08 PM EDT) -- Delaware has long been the leading jurisdiction in which companies incorporate. According to Delaware's published statistics from 2023:... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
Cos. Considering DExit Should Assess D&O Insurance Effects
ADVERTISEMENT Don't want ads? Subscribe or login now. By Bryan Coffey and David Klein ( June 12, 2025, 5:08 PM EDT) -- Delaware has long been the leading jurisdiction in which companies incorporate. According to Delaware's published statistics from 2023:... A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
The Beginning of the End of an Era? Competition to Delaware’s Supremacy as Corporate Domicile and Implications for D&O Insurance | JD Supra
Delaware has long been the leading jurisdiction in which companies incorporate.
Say What You Mean: Delaware Court Finds Bump-Up Exclusion Ambiguous As Applied To Mergers Versus Acquisitions
Long a feature of directors' and officers' (D&O) liability insurance policies, the so-called "Bump-Up" Exclusion has gotten significant attention over the last few years. Because of the recent escalation in securities litigation that follows a majority of mergers and acquisitions, the Bump-Up Exclusion is of critical importance to publicly traded policyholders.
Say What You Mean: Delaware Court Finds Bump-Up Exclusion Ambiguous as Applied to Mergers Versus Acquisitions
Long a feature of directors’ and officers’ (D&O) liability insurance policies, the so-called “Bump-Up” Exclusion has gotten significant attention over the last few years. Because of the recent escalation in securities litigation that follows a majority of mergers and acquisitions, the Bump-Up Exclusion is of critical importance to publicly traded policyholders.
Say What You Mean: Delaware Court Finds Bump-Up Exclusion Ambiguous as Applied to Mergers Versus Acquisitions | JD Supra
Long a feature of directors’ and officers’ (D&O) liability insurance policies, the so-called “Bump-Up” Exclusion has gotten significant attention over the last few years. Because of the recent escalation in securities litigation that follows a majority of mergers and acquisitions, the Bump-Up Exclusion is of critical importance to publicly traded policyholders.
Closing Up the SPAC Shop: Insurance Consequences and Opportunities for Liquidating SPACs | JD Supra
In 2020 and 2021, Special Purpose Acquisition Companies (SPACs) were all the rage. A SPAC is a “blank check company,” publicly traded, and organized for the purpose of merging with a private company. It’s a mechanism for a private operating company to go public without doing its own IPO. Though SPACs have existed for decades, their use skyrocketed in the last couple years.
Closing Up the SPAC Shop: Insurance Consequences and Opportunities for Liquidating SPACs
In 2020 and 2021, Special Purpose Acquisition Companies (SPACs) were all the rage. A SPAC is a “blank check company,” publicly traded, and organized for the purpose of merging with a private company. It’s a mechanism for a private operating company to go public without doing its own IPO. Though SPACs have existed for decades, their use skyrocketed in the last couple years.
Strengthening Corporate Officer Protection: Delaware’s Updated Corporate Exculpation Law and Its Impact on D&O Liability Insurance | JD Supra
As the preferred place of incorporation for most U.S. companies, Delaware has long been a leader in the development of statutory and common law on corporate governance. In keeping with this role, the Delaware legislature recently amended its corporate code to permit enhanced legal exculpation of officers of Delaware corporations. Let’s look at this amendment and its implications for D&O insurance.
Strengthening Corporate Officer Protection: Delaware’s Updated Corporate Exculpation Law and Its Impact on D&O Liability Insurance
As the preferred place of incorporation for most U.S. companies, Delaware has long been a leader in the development of statutory and common law on corporate governance. In keeping with this role, the Delaware legislature recently amended its corporate code to permit enhanced legal exculpation of officers of Delaware corporations. Let’s look at this amendment and its implications for D&O insurance. Continue Reading ›
“Stranger Danger”: The Perils of Loss Portfolio Transfers and Third-Party Administrator Claims Handling | JD Supra
The past several decades have muddied what once was a clear relationship between policyholders and their insurers. For pre-1987 occurrence-based policies in particular, policyholders face an increasingly familiar scenario: one day, they learn they are no longer dealing with the insurer that sold them insurance. A stranger has crept into the relationship. The stranger is generally a product of an insurer Loss Portfolio Transfer (LPT).
Insurability Update: New York High Court Affirms Coverage for Settlement Amount Labeled “Disgorgement” | JD Supra
Last month, we discussed a decision by the Northern District of Illinois finding an amount labeled “restitution” in a settlement between a pharmaceutical company and the DOJ was insurable loss under a D&O policy. Shortly after that post, the New York Court of Appeals reached a similar conclusion, continuing the trend of looking beyond the labels used for the payments in the underlying settlement agreement.
Insurability Update: New York High Court Affirms Coverage for Settlement Amount Labeled “Disgorgement”
Last month, we discussed a decision by the Northern District of Illinois finding an amount labeled “restitution” in a settlement between a pharmaceutical company and the DOJ was insurable loss under a D&O policy. Shortly after that post, the New York Court of Appeals reached a similar conclusion, continuing the trend of looking beyond the labels used for the payments in the underlying settlement agreement.
Follow the Leader: How Ambiguities in Excess Follow-Form Policies Can Lead Policyholders Down a Crooked Path | JD Supra
A feature of most corporate liability insurance programs is the tower system of coverage: a primary policy with several overlying excess policies stacked atop one another collectively providing coverage up to a desired (or available) limit of liability. Depending on the size and liability exposures of a policyholder, a tower can consist of dozens of policies providing limits totaling hundreds of millions of dollars.
Pillsbury Insurance Insolvency Watch: Legacy U.S. and London Insurers Set Claims Bar Dates for Policyholders | JD Supra
In recent weeks, two insurers with significant legacies of occurrence-based general liability coverage took important steps to liquidate their estates. Bedivere Insurance Company (OneBeacon) Liquidation The first insurers are associated with Bedivere Insurance Company, formerly known as OneBeacon Insurance Company (OBIC). OBIC’s history stretches back to the 1800s but is most well known as the successor to the General Accident and Commercial Union families of insurers.
COVID-19 Business Interruption Losses: Time is of the Essence to Pursue Coverage | JD Supra
“Service of Suit” limitation period to file is less than a month away TAKEAWAYS Many insurance policies have various limitation periods and exclusions built into them. One such limitation period is known as a “service of suit” limitation. The service of suit limitation, if present, reduces the time frame in which a policyholder may bring suit against the insurer after the insurer denies the claim. These service of suit provisions can be as short as 12 months from the date the loss began.
Out of the COVID Frying Pan: Valuing Business Interruption Claims from Wildfires in a Pandemic | JD Supra
One word that aptly describes the devastation that is 2020 is “relentless.” The COVID-19 pandemic has caused both personal and economic suffering throughout the world for over six months. Against the backdrop of the already devastating effects of COVID-19, several regions in the United States have recently experienced powerful storms and historically large wildfires.
Out of the COVID Frying Pan: Valuing Business Interruption Claims from Wildfires in a Pandemic
One word that aptly describes the devastation that is 2020 is “relentless.” The COVID-19 pandemic has caused both personal and economic suffering throughout the world for over six months. Against the backdrop of the already devastating effects of COVID-19, several regions in the United States have recently experienced powerful storms and historically large wildfires.
Cyber Coverage By Any Other Name Can Smell As Sweet: Maryland Court Rules Traditional Property Policy Covers Loss Of Data And Impaired Computer Equipment After Ransomware Attack - Technology - United States
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Cyber Coverage by any Other Name Can Smell as Sweet. Maryland Court Rules Traditional Property Policy Covers Loss of Data and Impaired Computer Equipment After Ransomware Attack. | Pillsbury - Policyholder Pulse blog - JDSupra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Pillsbury Insurance Insolvency Watch: Northwestern National & Highlands
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Pillsbury Insurance Insolvency Watch: Northwestern National & Highlands | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Federal Appeals Court Punishes Policyholder for Giving Too Much Notice | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Track Premiere: Green Death - "I Am Eternal"
If I were to name the most exciting metal act to come out of Iowa, it wouldn’t be the one you’re probably thinking of. It would without a doubt be Green Death. The band’s mantra is that they’re “so underground, you’ll need a shovel”! However, the Des Moines-based five piece has been gaining more and more traction with each passing release, so perhaps they’re a little closer to the surface than they once were.
Check Under the Hood: Optimize Your Insurance Coverage with an Attorney Review of Your Policies before Renewal | JD Supra
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