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Articles by Jennifer Black Strutt
Delaware Court Holds Settlement of Underlying Securities Litigation Is Covered Under D&O Policy, Rejecting Insurers’ Assertion of the ‘Bump-Up’ Exclusion | McCarter & English, LLP - JDSupra
A Delaware court recently found for the policyholders in determining that a directors and officers (D&O) liability policy covered the settlement of an underlying action alleging violations of the Securities Exchange Act of 1934 (the Exchange Act). Indeed, in Harman International Industries, Inc. v. Illinois National Insurance Company, No. N22C-05-098 PRW CCLD, 2025 WL 84702 (Del. Super. Ct. Jan. 7, 2025), the court held the D&O policy’s “bump-up” exclusion was not a bar coverage.
Courts find coverage for COVID-19 business interruption losses
Businesses across the country closed their doors under mandates from their local governments. Here, a Royal Farms in Baltimore, Md., outlined its safe business practices for employees and customers. (Photo: Diego M. Radzinschi/ALM) Policyholders are hailing two recent victories in their pursuit of insurance coverage for COVID-related business interruption losses.
NJ court refuses to dismiss COVID-related business interruption claims
Plaintiffs allege they closed their businesses in compliance with Governor Murphy’s orders and, as a result, suffered significant financial loss covered by their insurance policies. (Photo: iStock) A New Jersey state court recently rejected an insurer’s claim that COVID-related losses cannot qualify as covered losses.
NJ Court Refuses to Dismiss COVID-Related Business Interruption Claims
istockphoto.com A New Jersey state court recently rejected an insurer’s claim that COVID-related losses cannot qualify as covered losses. In Optical Services USA/JCI v.
Trial court’s recent denial of business interruption coverage unlikely to have far reach
(Photo: Shutterstock) Insurers and policyholders long have debated whether business interruption insurance covers losses resulting from governmental orders — a debate intensified by numerous recent coverage claims arising from COVID-19 forced shutdowns of businesses and social distancing guidelines.
Insurers Celebrate, But Michigan Ruling Denying COVID Business Interruption Coverage Unlikely a Trendsetter
The decision might not have the impact insurers claim it will. Insurers and policyholders long have debated whether business interruption insurance covers losses resulting from governmental orders—a debate intensified by numerous recent coverage claims arising from COVID-19 forced shutdowns of businesses and social distancing guidelines. Amid that debate, insurers are hailing a recent decision from a Michigan state court as supporting their view that insurance policies provide no such coverage.
Applying insurance coverage to vandalism, fires and theft
Policyholders must review their specific insurance policies to analyze the policies’ scope of coverage, exclusions and terms with regard to damage caused by rioters. (Photo: Daniel Tadevosyan/Shutterstock) During the days and weeks following the death of George Floyd at the hands of Minneapolis police officers, protests erupted in every state across the country.
Court opinion finds COVID-19 qualifies as a natural disaster
Expert Opinion A Pennsylvania Supreme Court Decision may help policyholders seeking claims coverage for COVID-19 losses.
Court opinion finds COVID-19 qualifies as a natural disaster
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Do your contracts protect you from the coronavirus?
As losses arise from COVID-19, carriers and policyholders must have a clear understanding of what coverage is provided through insurance contracts. (Photo: Shutterstock) Coronavirus contamination has disrupted the workforce, supply chains and transportation. Official bans on large public gatherings across the country, and the ordered closures of restaurants and bars implemented by many states, have also resulted in numerous event cancellations.
Academic institutions are under cyber attack
Academia’s cyber preparedness (or lack thereof) has received less media attention than that of certain retailers and financial institutions, but nonetheless the cyber risks confronting universities are pervasive and alarming. Consider recent breaches suffered by educational institutions.
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