Insights
Publications

Court Finds Defense Coverage Under D&O Policy Where Dispute Whether Officer was Acting on Behalf of Company

12/20/2010 Articles

The Ninth Circuit recently reaffirmed the California legal standards that mandate that insurers defend their insureds where the insured would reasonably expect a defense, and that a third party plaintiff’s factual allegations, not its legal conclusions, govern the duty to defend. Goerner v. Axis Reinsurance Co., 2010 U.S. App. LEXIS 21624 (Oct. 20, 2010, 9th Cir. unpublished).

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Firm Highlights

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Using Multi-Factor Authentication as a Prerequisite to Cyber Liability Coverage

Multi-factor authentication (MFA) is more than an annoying popup or text message when logging onto a company’s website or platform. Not only is using MFA a sound security practice and good business, it is frequently...

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Breach Cases Hint At Liability Coverage For Mobile Losses

More and more, companies generate revenue through the use of their customers' or users' mobile devices. This interaction takes many forms, from collecting transaction fees for mobile payments or cryptocurrency purchases to generating advertising...

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Publication

Fire Preparedness for Vineyards and Wineries

Winter, spring, summer, fire season, and fall – as Californians, we have all become accustomed to a fifth season – fire season. Even worse, fire season was once confined to just a few months...

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Maximizing Your Insurance Coverage for Data Privacy Liability

With news of massive data breaches making headlines in recent years, the handling of personal data has become a focus for legislators and regulators around the world. Compliance with data privacy regulations such as the...

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Caught in the Crossfire — How Will the War Exclusion Affect Commercial Policyholders?

The war exclusion has received a lot of attention over the past year, particularly since Russia invaded Ukraine in February. Policyholders’ concern that insurers will assert the exclusion as a basis to deny coverage...

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News

Chambers USA 2023 Recognizes Farella Braun + Martel Lawyers, Practices

Farella Braun + Martel is pleased to announce that Chambers USA has recognized 16 lawyers and six practice areas in the legal directory’s 2023 edition. Individual California and Western U.S. Rankings: Sarah Bell &ndash...

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A Promise To Pay Is Just That: Two Courts Reject Insurers’ Bids To Escape Their Coverage Obligations by Complaining About Third Party Recoveries or Reductions in Liabilities

An insurer in Washington could not eliminate its coverage obligation based on its insured’s recovery from a third party.  T-Mobile USA, Inc. v. Steadfast Ins. Co., et al ., No. 82704-9-I, 2022 WL 17246715...

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More Stringent California Claim Law Could Benefit Policyholders

To combat a perceived litigation tactic by plaintiffs counsel of using settlement demands within policy limits to set up insurers for bad faith, insurance company associations lobbied for statutory clarification to avoid uncertainty around...

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Publication

Continuing Use of CGL Policies to Cover Data Breach Losses

Our lives and the products and devices we use become more dependent on data by the day. As a result, cyberattacks and data breaches present everchanging risks to companies and individuals, and the importance...

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Publication

Nonprofit Basics: Insurance Coverage for the New Nonprofit

Welcome to EO Radio Show – Your Nonprofit Legal Resource . Risk management for a nonprofit starts with good governance, effective management and appropriate policies for employment practices, conflicts of interest and financial management...

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