Last month, we discussed a decision by the Northern District of Illinois finding an amount labeled “restitution” in a settlement between a pharmaceutical company and the DOJ was insurable loss under a D&O policy. Shortly after that post, the New York Court of Appeals reached a similar conclusion, continuing the trend of looking beyond the labels used for the payments in the underlying settlement agreement. In rejecting the insurers’ argument, the court evaluated the purpose of the payments and the nature of how they were derived to find the payments at issue were insurable under a Professional Liability policy, despite being called “disgorgement.”
The vaults of the world’s financial capital are getting stronger locks. On March 1, 2017, new “first-in-the-nation” cybersecurity regulations of the New York Department of Financial Services (DFS) went into effect to protect consumers and the financial system from cyber attacks. While the regulations apply to covered finance and insurance companies, their influence is likely to be felt beyond the companies targeted initially. For this reason, it’s important that all companies with cybersecurity risks understand how the new DFS regulations work, and the insurance coverage issues they may raise.
New York’s Martin Act has a lot of Wall Street and energy industry companies concerned about potential investigations into their respective stances on climate change. In the client alert “When Attorneys General Attack,” colleagues Sheila Harvey, Joseph Jean, Carolina Fornos and Benjamin Tievsky examine the act and discuss strategies for managing and obtaining insurance coverage if such investigations do occur.