Sunday, March 26, 2017
   
Insurance Sidebar :: Amy Stewart PC’s Law Blog on Insurance Coverage Issues Minimize

AIG v. Tesoro Ruling Reminds Policyholders that Insurance Devil is in the Details

A recent decision from the United States Court of Appeals for the Fifth Circuit underscores two important pieces of advice policyholders should follow to ensure that their insurance policies cover the entities that the policyholder intends to insure.
  

First, policyholders should read and review their insurance policies upon receipt because untimely discovery of a mistake may preclude a later claim for reformation of the policy.  


Second, policyholders, especially those who operate through subsidiaries or affiliated entities, should ensure that their insurance policies include all such entities as named or additional insureds.

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3 Tips When Filing an Insurance Claim

Insurance policies can provide crucial assistance to corporate policyholders. Still, disputes between insurer and insured occasionally occur. Policyholders can take a few simple steps before a claim is filed to put themselves in the best possible position if a coverage issue arises.

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Judge Rules CGL Policy Off the Hook for $22M Sexual Assault Claim

U.S. District Judge Judge David Godbey has ruled that Century Surety Co. was off the hook for a $22 million judgment awarded to a woman who filed suit against the owner of Pastazios Pizza Inc. for sexual assault. 

In April 2011, the owner of Pastazios (Ajredin “Danny” Deari) served the victim several rounds of alcoholic beverages under the pretenses of a job interview. The victim eventually lost consciousness and later awoke in a hotel room, where Deari sexually assaulted her.  She was ultimately able to lock herself in the bathroom and Deari later fled the scene. 

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Criminal Charges Highlight Law Firm Cyber Vulnerability

The recent criminal charges brought against three Chinese citizens for alleged hacks into law firm servers should be a warning to law firms that they are high-value targets for hackers.

The alleged hackers were charged with insider trading based on confidential corporate information obtained through the hacking of several U.S. law firms working on client mergers. As reported by Reuters, prosecutors say the hackers made more than $4 million by placing trades in at least five company stocks based on information from the breached law firm servers, including deals involving Intel Corp and Pitney Bowes Inc.


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2017 Edition of Amy Stewart’s ‘Texas Insurance Coverage Litigation’ Now Available

The 2017 edition of “Texas Insurance Coverage Litigation: The Litigator’s Practice Guide” by Dallas lawyer Amy Elizabeth Stewart of Amy Stewart Law is now available for purchase. The 2017 edition includes updates on the increasingly important area of cyber insurance.

To order, visit http://lawcatalog.com/ProductDetail/17942/Texas-Insurance-Coverage-Litigation-The-Litigators-Practice-Guide

“Texas Insurance Coverage Litigation” provides legal analysis, practical tips, and annotations specific to practicing before Texas courts and the 5th U.S. Circuit Court of Appeals, including a focus on third-party liability policies. It also includes a valuable set of forms for use in drafting pleadings and other legal documents.


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Insured’s Duty to Read Policy May be Undercut by Agent's Misrepresentations, Appeals Court Affirms

Insurance policyholders should always read their policies, but a recent ruling out of Texas’ 14th Court of Appeals may provide support to those who rely on insurance agents for information regarding their policies.

Insureds often misunderstand the terms of an insurance policy or argue that they have been misled by an insurer’s or an agent’s statements regarding a policy’s terms or coverage. In these disputes, defendants often raise as a defense the insured’s duty to read its policy. The court’s Oct 18 ruling in ruling in 
Wyly v. Integrity Insurance Solutions, No. 14-15-0042-CV, reiterated the rule under Texas law that this defense fails where an insured has alleged or shown that an insurance agent has made a specific, affirmative misrepresentation about the policy.

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What Every Young Lawyer Should Know about Insurance

Want to know how to maximize the impact of your company’s insurance policies?  Do you know when and how to tell your client’s insurers about a new lawsuit? Want to better understand the pitfalls?  

Join the Dallas Association of Young Lawyers at noon on Wednesday, November 9, for Insurance 101: What Every Young Lawyer Should Know. The program will provide an overview of common liability insurance policies and basic insurance principles that may frequently impact your practice.

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Quantifying Your Cyber Risk

There was an excellent article in the October 5 Harvard Business Review on evaluating cyber risk. If your business is in the process of quantifying its cyber risks – and every business should be – the article “Can You Put a Dollar Amount on Your Company’s Cyber Risk?” is a must-read.

Highlights from the article are summarized below, but, first, keep in mind two major concepts when purchasing cyber insurance:

1)   Be careful what you tell your insurance company you’ll do to prevent data breaches as those promises can come back to bite you if those policies aren’t followed to the letter (and since so many breaches are linked to human error, they almost never are);

2)   Because cyber is such a new and evolving area of risk, and there is so little standardization among policies, there is room for negotiation when purchasing a cyber policy.

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How does bankruptcy affect insurance coverage, underwriting and claims?

Bankruptcy complicates everything, including insurance. To help illuminate that subject, the Professional Liability Underwriting Society (PLUS) is holding two seminars, one in Dallas on Sept. 21 and one in Houston on Sept. 22.

Amy Elizabeth Stewart will moderate both panels. She will be joined by AIG’s Daniel Navarro, Teri Martin of AmWINS Brokerage of Texas, Inc., and William Medford of Lewis Brisbois Bisgaard & Smith.

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Texas Super Lawyers Honors Amy Elizabeth Stewart

Amy Stewart Law founder Amy Elizabeth Stewart has been recognized for the 8th consecutive year on the Texas Super Lawyers list of outstanding attorneys. 

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4 Tips for Maximizing Insurance Coverage in Business Lawsuits

One of the most frustrating events in business is being served with a lawsuit. If your company has prepared for such an event, however, you should have one or more insurance policies in place that will help defray expenses. 

Determining which policies apply can be difficult, as policy language is not always crystal clear. You may be able to activate one or more of the following kinds of coverage:

      •      Commercial general liability (CGL)
      •      Errors and omissions (E&O), also known as professional liability insurance
      •      Directors and officers (D&O)


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Katherine Fayne Joins Amy Stewart Law

Please join us in welcoming Katherine Hendler Fayne, who has joined Amy Stewart Law as Of Counsel.

Before joining us, Katherine handled a wide range of litigation at Dallas’ Lillard Wise Szygenda. She also clerked for two U.S. District Judges in the Northern District of Texas, The Honorable Jorge Solis and The Honorable Sam Lindsay, and handled complex commercial litigation at the Dallas office of Fish & Richardson and D.C.’s Arnold & Porter.

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Amy Elizabeth Stewart named to ‘Best Lawyers in America’ for 5th consecutive year

Amy Elizabeth Stewart has been named to the 2017 list of The Best Lawyers in America for her work in insurance law. This is the fifth year in a row she has been recognized by Best Lawyers, one of the nation’s premier guides to the country’s top lawyers.

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Employment practices liability insurance: a primer

In the mid-1990s, standard general liability policies began excluding coverage for employment risks. Since that change, insurance specifically for employment-related liability has been a standard component of corporate insurance portfolios. 

Although some businesses elect not to shift employment risks to an insurer, many purchase employment practices liability (EPL) coverage to protect the company, its executive team, and other employees from lawsuits filed by employees, former employees, and applicants asserting employment claims.


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So many insurance policies! What kind does your business need?

Running a business is full of risks, which is why one of the first purchases savvy business owners make is insurance. Between the dizzying array of choices and the opaque policy language, however, deciding which policies to buy can be overwhelming.

Choosing coverage that will help protect your company when you need it most can pay off in a big way, so here’s a brief overview of the policies commonly available to businesses.

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Please visit our web site at www.amystewartlaw.com.
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About Minimize
Amy Stewart Law is a boutique law firm that represents policyholders in insurance coverage litigation and bad faith, with an emphasis in directors & officers liability, cyber insurance, fiduciary liability, professional liability and other specialty liability coverages.


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Practice Areas Minimize
  • insurance coverage litigation
  • bad faith litigation
  • policy interpretation & analysis
  • insurance review & planning advice
  • advice | insurance disputes
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Amy Stewart PC | Dallas, Texas | Copyright 2016 | All Rights Reserved