Tag Archives: Anderson Kill & Olick

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D&O Coverage for Investigations

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In the latest online-only column from Anderson Kill & Olick, Joshua Gold discusses how D&O coverage can be complicated by government investigations.

Most D&O insurance policies promise some measure of insurance protection against “regulatory and governmental” investigations, “administrative or regulatory proceedings” and criminal proceedings. However, many insurance companies will argue this coverage is not triggered until certain documents are prepared by the investigating entity and until they are prepared and drafted in a very specific way. For instance, does the investigation start when a subpoena is served or only when a “formal” investigative order is issued under the insurance policy? Insurance companies may argue that they are not on the hook for millions of dollars in “loss” until certain specific aspects of the investigation come to pass.

Considering the importance of D&O coverage for senior management, you won’t want to miss this online exclusive, only on RMmagazine.com.

Improving Your Policy Wording

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In an exclusive, online-only column, Robert Horkovich and Marshall Gilinsky of Anderson Kill & Olick talk about how a soft market is the perfect time to improve your insurance policies.

Changes to policy wording are most likely to be accepted during soft markets like the one that has existed over the past several years. Although in theory, underwriters price policies based on the specific risks being transferred via the actual policy, in practice, due to competition from other insurance companies, lack of effort or both, it is usually the case that requested changes to policy wording usually do not result in corresponding changes to premium. Essentially, the underwriter agrees to “throw in” the broadened coverage in order to keep the policyholder’s business.

For more about how to go about revising your policy in your favor, click here to read the full article on RMMagazine.com.

AKO on Product Recall Insurance

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Over at the Risk Management magazine website, Joshua Gold of Anderson, Kill & Olick discusses what policyholders need to know about product recall insurance in a special, online-only column.

In the context of product recall insurance coverage, some insurance companies may attempt to avoid coverage for a product recall losses by arguing that there is no evidence that the product in question did or would cause bodily injuries or damage. Specifically, the insurance company may argue that to trigger coverage, the use or consumption of the product must have resulted or would result in identifiable bodily injury, sickness, disease or death. Such insurance company arguments place the policyholder in an awkward position: namely, in an effort to establish coverage, the policyholder is being urged by the insurance company to evidence just how toxic its product was or could potentially be.

For important advice that will help you get your business back to normal in the event of a costly product recall, click here to read the full article exclusively on RMMagazine.com.