When an insured business is faced with litigation, sometimes the question of who gets to select defense counsel arises. Third-party liability policies often state that the insurer has both the duty and right to defend the policyholder. Most courts interpret these policies to give the insurer the right to select defense counsel. However, the right

In Part I of this blog, I discussed issues that real estate and construction companies face when placing and renewing Directors and Officers Coverage.  Specifically, I addressed avoiding gaps in coverage, knowledge of insureds, the definition of who is an insured, and notice.  In this Part II, I will address arbitration provisions, choosing policy limits,

Introduction

What do all construction and real estate companies have in common?  They have directors or managers and officers concentrating on running the companies and remaining profitable.  Most companies maintain Directors and Officers (D&O) insurance to protect these important stakeholders from liability and lawsuits that can arise from their work.  Because there is no standard

The language of a policyholder’s insurance policy determines whether all those premiums will translate into dollars paid after a loss.  For the most part, it is the insurance company that controls that language.  Therefore, it is very important that policyholders pay attention to that language at the time they buy insurance to be sure that

The insurance application process is often the only time a policyholder thinks of who should be covered under a policy. Most policies have a “named insured” and  other “insureds” specifically listed.  “Additional insureds” can also be added by endorsement or operation of specific language in the policy.  A recent case demonstrates the importance of considering