By Rosa M.Tumialán and Alyssa N. Suareo
On March 26, 2025, the Illinois Supreme Court issued a one-line denial of the Petition for Leave to Appeal filed by Wexford Home Corporation (“Wexford”) against Ohio Security Insurance Company, Inc. and The
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Insurance and The False Claims Act: Coverage Under D&O Policies
The False Claims Act (FCA) is a federal statute that sets criminal and civil penalties for falsely billing the government. While allowing the United States Attorney General to pursue perpetrators of fraud on its own, the FCA also allows private…
Delaware Court Dismissing Insurers for Lack of Personal Jurisdiction
By Tressler
By Marissa Finley / March 25, 2025
A Delaware court recently ruled that two insurance companies were not subject to personal jurisdiction in Delaware because it would violate their due process rights. Varsity Brands Holding Co. LLC v. Arch Ins.…
Drawn to Daubert: The Evolution of New Jersey Case Law – and What Could Be Next
By Erin Peters
In New Jersey and other state and federal jurisdictions, we are often presented with expert reports opining as to a claimant’s liability and damages. These reports contain opinions and conclusions that must be evaluated for their admissibility. When performing this…
The United States Court of Appeals for the Ninth Circuit Applied Virginia Law to Hold that Amber Heard’s Insurer’s Reservation of Rights did not Create a Conflict of Interest
By Grace Delott
On November 25, 2024, the United States Court of Appeals for the Ninth Circuit addressed a coverage issue arising from the now infamous 2019 lawsuit in which actor Johnny Depp sued his ex-wife Amber Heard for defamation in Virginia state…
Tressler Talks: Related Claims Coverage Issues – “Are We Related, or Do We Just Look Alike?”
By Tressler LLP
Join Tressler’s experienced insurance coverage attorneys for a discussion concerning the diagnosis, analysis and treatment of multiple claims and coverage implications. Attendees will come away with an understanding of relevant law in Delaware, New York, Illinois and California. We will also discuss…
Delaware Judge Rules that D&O Insurers Must Cover the Settlement of the Shareholder Suit Following the Harman, Samsung Merger – “Bump Up Exclusion” at Issue
The Delaware Superior Court recently issued a significant ruling in Harman International Industries, Inc. v. Illinois National Insurance Company, No. N22C-05-098, 2025 WL 24364 (Del. Super. Ct. Jan. 3, 2025), involving a dispute over Directors and Officers (D&O) insurance…
District Court of New Hampshire Finds Contract Exclusion In D&O Policy Does Not Apply to Claim for Violation of California Franchise Investment Law
On November 1, 2024, the United States District Court of New Hampshire, applying California law, decided in MRFranchise, Inc. v. Stratford Insurance Company, 2024 WL 4651195 (D. N.H. Nov. 1, 2024) that the contract exclusion in a director and officers…
Tressler Talks: The Right and Duty to Settle Third-Party Liability Claims
By Tressler LLP
Join Tressler’s experienced insurance coverage attorneys to learn about avoiding exposure for breaching the duty to settle within the limits of liability policies. Attendees will come away with an understanding of relevant law in California, Illinois, New York and New…
When a Clarification is Not Clear – The Latest Dispute Concerning Application of BIPA
By Tressler LLP
By Rosa M. Tumialán and Alyssa Vranak
Following the passage of Public Act 103-0769 (the “Act”) on August 2, 2024, it was anticipated that the amendment to 740 ILCS 14, the Biometric Information Privacy Act (“BIPA”), would apply retroactively…