Limitations On Directors & Officers’ Liability Coverage
12/20/18
By: David Molinari Directors and Officers (D&O) Liability Insurance is insurance coverage intended to protect individuals from personal losses if they are sued as a result of serving as a Director or Officer of a business or other type of organization. Directors and Officers policies may also cover legal fees and other costs the organization…
OSHA Developments Favorable for Employers
10/24/18
By: Amy Bender Two recent OSHA developments signal good news for employers. The first relates to the scope of OSHA inspections of an employer’s workplace. In a recent federal court case, after an employee of a poultry processing plant was injured at work, the employer reported the incident to OSHA as required. It also provided…
The Bad Faith Trap: Evidentiary Concerns In Defending “Failure To Settle” Claims
10/19/18
By: Phil Savrin It is commonly known in our industry that even an insurer that has accepted coverage for a liability claim can nevertheless be exposed to liability beyond the limits of the policy if it fails to settle the claim. The reason for this rule is that an insurer’s contractual agreement to protect the…
Cyberrisks to Contractors and Securing Proper Coverage
6/29/18
By: Barry Brownstein Increasingly sophisticated hackers have targeted personal and business data held by companies like Target Corp., Sony Corp., Equifax Inc. and Yahoo Inc. during the past decade. The construction industry is just as susceptible to these risks as any other industry. As construction projects increase in size and there is more sharing of…
Insuring Against Rule 68 Offers of Settlement
6/28/18
By: Matt Grattan One tool defense lawyers in Georgia frequently use to induce settlements is an offer of settlement under O.C.G.A. 9-11-68. Rule 68 allows either party to a tort action to serve a written offer to settle the claim, so long as the offer is made within a certain time and satisfies several other…
NLRB Focus on Employee Handbooks of Employers
7/17/15
By: Joyce M. Mocek Over the last several months, the National Labor Relations Board (NLRB) has targeted employee handbooks and policies of both union and non-union employers, determining that their policies and procedures constitute “unfair labor practices.” The NLRB continues to expand its interpretations of the type of actions that constitute such practices, recently holding…
Data Breach Rising Liability Concern For Businesses
9/11/12
By: Kelly Morrison
Data breaches and technology-related legal claims against companies, along with their officers and directors, are increasing. As this is a developing area of the law, awareness of the risk and associated liabilities are a weak point for many businesses. It is key for businesses