Tuesday, October 23, 2018
Insurance Sidebar :: Amy Stewart PC’s Law Blog on Insurance Coverage Issues Minimize

Category: Insurance Coverage Litigation

AIG Officially 'Too Big to Fail'?

Insurance giant AIG, the company that gave us the “too-big-to-fail” ethos in the first place, was notified by the feds this week that it may officially be deemed too big to fail and, thus, subject to enhanced scrutiny and regulatory oversight. In the wake of the 2008 financial crisis, “too big to fail” is the nomenclature commonly applied to banks and other financial institutions the failure of which would significantly threaten the United States' financial stabil ...

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Dallas Insurance Coverage Lawyer Amy Stewart to Present Jury Strategies

Amy Elizabeth Stewart will co-present “Jury Speak: What Matters to Jurors in Insurance Cases?” at the 17th Annual Insurance Law Institute at noon on October 19 at the Courtyard Marriott in Austin. The Institute is presented by the Insurance Law Section of the State Bar of Texas and the University of Texas School of Law. Ms. Stewart will present with jury consultant Kacy Miller, of Dallas’ CourtroomLogic Consulting. Their seminar, which offers .75 hour of CLE, will discuss the cha ...

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Amy Stewart Presents Insurance Coverage CLE

Amy Elizabeth Stewart, of Dallas’ Amy Stewart PC, will present a continuing legal education seminar on Friday, Sept. 21, at the Texas Bar CLE’s 4th Annual Business Torts Institute. Ms. Stewart’s presentation on Insurance Coverage Issues will cover duty to defend, reservation of rights, and failure to place coverage by the broker. It provides a half hour of CLE credit. The entire, two-day course provides 13.25 hours of CLE, including 2 hours of ethics. It is held at the Hilton Dal ...

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Insured Not Entitled to Independent Counsel :: Downhole Navigator

On Friday, the Fifth Circuit handed down its opinion in Downhole Navigator, L.L.C. v. Nautilus Insurance Company, affirming the district court’s ruling that the insured did not have a right to independent counsel.  Analyzing the conflict issue under Davalos, the court concluded that the facts to be adjudicated in the underlying case were not the same facts on which coverage turned as required to preempt the insurer’s right to control the defense. The insured, Downhole Navigator, provides s ...

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Amy Elizabeth Stewart has been named to D Magazine’s annual list of Dallas’ Best Lawyers

Amy Elizabeth Stewart has been named to D Magazine’s annual list of Dallas’ Best Lawyers. She was selected in the Insurance Law category. To compile the list of the city’s 377 best lawyers, D Magazine accepted nominations from licensed Texas lawyers who had firsthand knowledge of the nominee’s work. The magazine’s editors then met with a blue-ribbon panel of eminent lawyers to compile the final list. “I’m honored by this recognition and happy to be in such disting ...

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Warning, Plan Sponsors :: Fiduciary Liability Policies May Not Cover All ERISA Liability

Companies purchase fiduciary liability policies to mitigate against financial loss, including potentially significant defense costs, in the event of litigation alleging violations of the Employee Retirement Income Security Act of 1974 (“ERISA”).  A recent New York Court of Appeals case illustrates common—but often unanticipated—limitations on the scope of coverage under many fiduciary liability policies.  Federal Ins. Co. v. IBM Corp., 2012 N.Y. LEXIS 311 (N.Y. Feb. 21, 201 ...

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Who Chooses Defense Counsel?

When an insured has liability insurance that is triggered by a lawsuit, the policy often requires the insurer to provide the insured with a defense against the lawsuit, in addition to covering some or all of a settlement or judgment.  If the insurer has a “duty to defend,” it typically has the right to make strategic decisions regarding the defense of the lawsuit, including the right to choose the lawyer who will represent the insured.  Whether an insurer has the right to conduct its i ...

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Navigating Insurance Coverage Issues :: Recent Article in Headnotes

Headnotes, the Dallas Bar Association's monthly periodical, recently published Amy Elizabeth Stewart's article, "Navigating Insurance Coverage Issues: What You Need to Know" in the December 2011 issue, focusing on business litigation.  The article provides an overview of issues pertinent to business litgators handling lawsuits that may have triggered insurance policies held by the defendants in the case.

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Too Many Claims, Not Enough Insurance :: Priority of Payment Issues, Revisited

The challenges associated with prioritizing payments under insurance programs with insufficient limits continue to surface in financial crisis litigation.  Claims arising out of the Lehman Brothers bankruptcy, seeking billions of dollars in damages, recently forced consideration of this difficult issue.  In August 2011, former directors and officers of failed financial giant Lehman Brothers Holdings Inc. (LBHI), including ex-CEO Richard Fuld, agreed to pay $90 million to settle a single securiti ...

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What is a Claim? Expanded Coverage for Government Investigations and Enforcement Actions

As enhanced regulations and the Dodd-Frank whistleblower incentives begin generating an increase in SEC investigations and enforcement actions, insurance companies are offering expanded coverage for the cost associated with defending against governmental investigations.  See Kara Altenbaumer-Price, MBIA Case: Second Circuit Takes Broad View of Investigations Coverage Under D&O Policy, SAGACITY (USI, Dallas, Tex.), Sept. 30, 2011 (copy with author).  From the insured’s standpoint, the inv ...

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Amy Elizabeth Stewart to Moderate Insurance Presentation at the Third Annual Business Torts Institute Presented by Texas Bar CLE

Amy Elizabeth Stewart, founder and shareholder of Amy Stewart PC, has been selected to moderate a panel discussion at the 2011 Texas Bar CLE Business Torts Institute.  This annual event was created in 2008 and is co-sponsored by the Litigation Section of the State Bar of Texas.  Amy’s panel of presenters will discuss “What Every Business Tort Lawyer Should Know About Insurance Coverage.”  Panelists include Veronica Bates of Hermes Sargent Bates, Michael Huddleston from Shann ...

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Too Many Claims, Not Enough Insurance :: Priority of Payment Issues

Given the extraordinary cost of defending financial crisis claims and the unprecedented damage models implicated in many such lawsuits, the potential litigation exposure faced by an insured defendant often dwarfs the limits of even comprehensive insurance programs.  With too many claims and an unmanageable number of insureds, the practical problem is that the available insurance may be grossly insufficient to defend and resolve the pending claims against insured persons.  This raises the issu ...

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Amy Stewart Law is a boutique law firm that represents policyholders exclusively in insurance coverage litigation and bad faith, with an emphasis in directors & officers liability, cyber insurance, fiduciary liability, professional liability and other specialty liability coverages.

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  • insurance coverage litigation
  • bad faith litigation
  • policy interpretation & analysis
  • insurance review & planning advice
  • advice | insurance disputes
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