Insured vs. Insured Exclusion
The U.S. Court of Appeals for the Sixth Circuit has grappled with the question of whether aninsured-versus-insured exclusion that applied to claims "by, on behalf of, or in the name or right of, the Company or any Insured Person" against an Insured Person properly excluded from coverage – that is, insured-versus-insured – could instead be brought by a company's Liquidating Trust against an Insured Person properly excluded from coverage, specifically against former officers and directors of the company. Christina M. Brown, an associate at Weil, Gotshal & Manges LLP, discusses the decision in her article, "Wasn't Me: The Insured vs. Insured Exclusion ('Side A')."
The GDPR and Insurance Coverage
Cyber policies remain a vital source of protection for businesses soon to be subject to the EU's General Data Protection Regulation ("GDPR") and U.S. state laws. But policyholders need to re-evaluate their programs, and insurers need to continue to modify policies to maintain competitive value. In her article, "GDPR Is Here Is Your Insurance Program Ready?,"Peri N. Mahaley, senior counsel at Pillsbury Winthrop Shaw Pittman LLP, discusses insurance coverage and the GDPR.
Focus On: Law Firm Disqualification
In this issue's "Focus On" column, "Can Law Firm Represent Client in Insurance Coverage Case After Conflicted Attorney's Departure?" Steven A. Meyerowitz, Esq., the Editor-in-Chief of the Insurance Coverage Law Report and the Director of FC&S Legal: The Insurance Coverage Law Information Center, explains a California appellate court ruling that the law firm of Crowell & Moring, which had been vicariously disqualified from representing an insurer in an insurance coverage case after a disqualified discovery associate joined the firm in a geographically distant office, may be able to represent the insurer again after the conflicted attorney left for another position.
And More…
We also have the "best of the best" Case Law and Legislative/Regulatory Developments from FC&S Legal, as always written and analyzed by Steven A. Meyerowitz, and my Industry News column.
Enjoy the issue!
Victoria Prussen Spears
Editor, Insurance Coverage Law Report
Associate Director, FC&S Legal