News and Insights

Spring 2019

Recent Developments in Insurance Coverage

Washington, D.C.-based attorneys Jeffrey Ward, Charles Chotvacs and Jason Reichlyn in Dykema’s Insurance Industry Group authored the article, “2018 Case Review: Notable D&O and Bad Faith Decisions”…

6.10.26

New Jersey Supreme Court Holds Capacity Exclusion Applicable to Dual Capacity Claims

A D&O policy’s capacity exclusion bars coverage for claims alleging that an insured director or officer acted in a dual capacity for insured and uninsured entities, according to the Supreme Court of…

4.08.26

New York Federal Court Holds Run-Off Policy’s Subsequent Acts Exclusion Inapplicable Because Conduct Alleged After Cut-Off Date Was Lawful and Not a “Wrongful Act”

The United States District Court for the Southern District of New York has denied an insurer’s motion to dismiss coverage litigation, holding under New York law that a run-off D&O policy’s subsequent…

10.15.25

Eleventh Circuit: Misappropriation Exclusion Doesn’t Bar Duty to Defend Under Georgia Law

The Eleventh Circuit has held under Georgia law that a misappropriation exclusion in a lawyer’s professional liability insurance policy did not eliminate the insurer’s duty to defend an underlying…