Navigation Links
Patton Boggs Wins Landmark Insurance Case for Client
Date:2/26/2009

WASHINGTON, Feb. 26 /PRNewswire/ -- A recent decision issued by the U.S. District Court for the Southern District of New York could have significant implications for the insurance industry. The February 13 ruling from U.S. District Judge Richard J. Holwell clarifies a decision the court entered two months earlier establishing that Texas law requires issuers of directors & officers (D&O) liability policies to advance defense costs incurred in connection with covered and non-covered causes of action interposed in the same lawsuit.

In an opinion dated December 19, 2008, Judge Holwell ruled that a lawsuit against Uncle Julio's restaurant chain contained a covered cause of action ("breach of fiduciary duty") and an excluded cause of action ("breach of contract"). Judge Holwell further ruled that Travelers Insurance, the issuer of Uncle Julio's D&O policy, was not only required to advance defense costs allocable to the covered cause of action, but also any defense costs that might be allocable to the non-covered cause of action. The insurer then moved for clarification of the bases for this latter aspect of the December 2008 ruling.

Judge Holwell clarified his earlier ruling in the February 13 opinion and agreed with the argument put forth by Patton Boggs senior litigation partner, John W. Schryber that the policy required advances of defense costs incurred in connection with a "Claim," and "the policy's definition of Claim ... clearly contemplates the equivalence of the word 'lawsuit' ... ." "Under this interpretation," Judge Holwell held, the insurer's duty to advance extends to "the entire lawsuit."

By operation of these rulings, the insured stands to recover in excess of $1 million for the insurer's breach of its duty to advance defense costs.

Mr. Schryber, who argued the case, stated: "For years, D&O insurers have sought to impose 'allocation' conditions on p
'/>"/>

SOURCE Patton Boggs LLP
Copyright©2009 PR Newswire.
All rights reserved

0

GOOD

Page: 1 2

Related medicine news :

1. Landmark Policy Report: Many Cancers Could Be Prevented Across the Globe
2. Landmark Report: Many Cancers Could be Prevented
3. Update on Landmark Study on Single-Payer as Economic Stimulus
4. Alliance for a Healthier Generation Expands Efforts to Combat Childhood Obesity with Launch of Landmark Healthcare Initiative
5. Landmark Trial Provides Vital Information for Cardiac Disease Treatment
6. Landmark Rh Immune Globulin Celebrates 40 Years of Saving Babies Lives
7. Landmark textbook on strokes in children and young adults updated in second edition
8. Hope for Lung Cancer Research Dollars in California: The Bonnie J. Addario Lung Cancer Foundation (BJALCF) Applauds Landmark Legislation to Push through Funding for Lung Cancer Research in California
9. Coalition for Pulmonary Fibrosis Celebrates Landmark Year for Awareness, Advocacy, Research
10. First Patient from CyberKnife Center of Palm Beach Enrolled in Worldwide Landmark Study of Operable Lung Cancer Patients
11. Exjade(R) Benefits Chronically Transfused Patients by Significantly Reducing Toxic Iron That Can Damage Key Organs, According to Landmark Trial
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:6/18/2013)... June 18, 2013 Cheap Concert Tickets has ... the tournament which gets underway in July. Soccer fans ... CONCACAF ticket order. , The popularity and hype ... the globe.    In fact, the hype of the game triggered the ... also trickled down the veins of fans from the Caribbean. ...
(Date:6/18/2013)... York (PRWEB) June 19, 2013 The ... understanding and unprecedented access to the drug delivery partnering ... healthcare companies. , The report provides a detailed ... drug delivery partnering deals. The majority of deals are ... right or an option right to license the license ...
(Date:6/18/2013)... 2013 ENT and Allergy Associates, LLP ... Quite the opposite. , New York/New Jersey’s premier ... expertly trained physicians offering superior healthcare to children and ... the Greater New York area-only considers adding to its ... And that includes the right communities to serve, the ...
(Date:6/18/2013)... (PRWEB) June 18, 2013 Seven-year-old Riley ... recovery from autism. He receives 40 hours a week ... school shadowing) from the Center for Autism and Related ... since August, 2008, and has experienced remarkable progress, including ... about his environment. Riley’s personal journey through autism is ...
(Date:6/18/2013)... new commercial venture, using technology developed at Case ... and Case School of Engineering, has made available ... allows graduate students and others training to evaluate ... program, reducing stress on the trainee, because a ... real person. , Graduate students studying to ...
Breaking Medicine News(10 mins):Health News:CONCACAF Tickets Have Been Released for Martinique, Mexico, Panama, El Salvador, Trinidad, Tobago, Haiti, Honduras, Costa Rica, Cuba, Belize, US, Canada, Honduras & Cuba 2Health News:CONCACAF Tickets Have Been Released for Martinique, Mexico, Panama, El Salvador, Trinidad, Tobago, Haiti, Honduras, Costa Rica, Cuba, Belize, US, Canada, Honduras & Cuba 3Health News:New Drug Delivery Partnering Terms and Agreements Market Study Report Available at MarketResearchReports.Biz 2Health News:New Drug Delivery Partnering Terms and Agreements Market Study Report Available at MarketResearchReports.Biz 3Health News:New Drug Delivery Partnering Terms and Agreements Market Study Report Available at MarketResearchReports.Biz 4Health News:ENT and Allergy Associates Merges with Hudson Valley ENT, Adds Five Superb Physicians, Expands Overall County Presence 2Health News:ENT and Allergy Associates Merges with Hudson Valley ENT, Adds Five Superb Physicians, Expands Overall County Presence 3Health News:ENT and Allergy Associates Merges with Hudson Valley ENT, Adds Five Superb Physicians, Expands Overall County Presence 4Health News:ENT and Allergy Associates Merges with Hudson Valley ENT, Adds Five Superb Physicians, Expands Overall County Presence 5Health News:June's Release of CARD's "Mission Possible: Portraits of Hope" Features Southern California Child and His Remarkable Progress with Intensive Autism Therapy 2Health News:June's Release of CARD's "Mission Possible: Portraits of Hope" Features Southern California Child and His Remarkable Progress with Intensive Autism Therapy 3Health News:SimuCase avatars advance speech-language pathology training 2
... 23, 2009) The Food and Drug Administration (FDA) ... to begin a Phase 3 clinical trial of an ... experimental treatment was originally developed by investigators led by ... Research Institute at Harbor-UCLA Medical Center (LA BioMed) and ...
... 23 SecureWorks(R), one of the market,s leading Security ... the 2009 Reader Trust Award for "Best Managed Security ... announcement was made at the exclusive, SC Magazine Awards ... This year, SecureWorks, Managed Security Services competed against those ...
... Family Research Council ,s Director of Women,s ... regarding the Obama Administration,s decision to sell the ... http://www.newscom.com/cgi-bin/prnh/20080930/FRCLOGO )"The Obama Administration is permitting a ... the safety of the over-the-counter sale of Plan ...
... look ultrasound of the breast, used in conjunction with MRI, ... and first look ultrasound; in some cases it allows radiologists ... benign, according to a study performed at the University of ... included 182 patients who had mammography, ultrasound and MRI. "More ...
... Educating physicians about ventilation-perfusion scanning (VQ) as an alternative ... to a 23% decrease in patient exposure, according to ... Montefiore Medical Center in Bronx, NY. "VQ scanning is ... lung and airflow. When there is a pulmonary embolism, ...
... United Physicians, P.C. and National City, now ... today announced the launch of a unique banking ... Physicians, the practices they own, and their respective ... City and United Physicians, this specialized program delivers ...
Cached Medicine News:Health News:SecureWorks, Inc. Wins SC Magazine's Reader Trust Award for Best Managed Security Service for Four Years Running 2Health News:FDA Fails to Consider Risks of Over-the-Counter Plan B 2Health News:United Physicians, P.C. Selects National City, Now Part of PNC, for Physician Banking Program 2
(Date:6/18/2013)... NEW YORK , June 18, 2013 JDRF ... ) are accelerating the development of new products that combine ... new collaboration announced today. This new, three-year commitment is an ... (T1D). Many patients with T1D not only take ... to be placed in the body for a number of ...
(Date:6/18/2013)... , June 18, 2013 Today, ... Inc. (NASDAQ: GILD ), Health Management Associates Inc. ... IDXX ), ISIS Pharmaceuticals Inc. (NASDAQ: ISIS ... access these reports free of charge - including full price ... below. Gilead Sciences, Inc. Research Report ...
(Date:6/18/2013)... , June 18, 2013 Remedy ... for healthcare and life sciences research, today announced ... Administration (GSA) IT Schedule 70 supply contract (GS-35F-367AA, ... to provide innovative IT solutions to government agencies ... with this contract, Remedy has placed its products ...
Breaking Medicine Technology:JDRF Extends Collaboration with BD to Develop Combined Infusion and Monitoring Products for People with Type 1 Diabetes 2JDRF Extends Collaboration with BD to Develop Combined Infusion and Monitoring Products for People with Type 1 Diabetes 3Industry Shows a Healthy Pulse with Priority Reviews, Positive Results, New Testing Procedures, and Partnerships - Research Report on Gilead, Health Management, IDEXX, ISIS, and Trius Therapeutics 2Industry Shows a Healthy Pulse with Priority Reviews, Positive Results, New Testing Procedures, and Partnerships - Research Report on Gilead, Health Management, IDEXX, ISIS, and Trius Therapeutics 3Industry Shows a Healthy Pulse with Priority Reviews, Positive Results, New Testing Procedures, and Partnerships - Research Report on Gilead, Health Management, IDEXX, ISIS, and Trius Therapeutics 4Industry Shows a Healthy Pulse with Priority Reviews, Positive Results, New Testing Procedures, and Partnerships - Research Report on Gilead, Health Management, IDEXX, ISIS, and Trius Therapeutics 5Industry Shows a Healthy Pulse with Priority Reviews, Positive Results, New Testing Procedures, and Partnerships - Research Report on Gilead, Health Management, IDEXX, ISIS, and Trius Therapeutics 6Remedy Informatics Awarded GSA Contract to Provide Innovative IT Solutions to Federal, State and Local Agencies 2Remedy Informatics Awarded GSA Contract to Provide Innovative IT Solutions to Federal, State and Local Agencies 3Remedy Informatics Awarded GSA Contract to Provide Innovative IT Solutions to Federal, State and Local Agencies 4
... Dec. 14 Results from a Phase 3 ... were treated previously with,an anthracycline in the adjuvant ... progression (TTP) and overall response rates after,receiving a ... as compared to docetaxel alone. , ...
... bioMerieux company,that discovers, develops and commercializes new molecular ... studies using the company,s,molecular breast cancer assay to ... from the studies were presented this week at ... The Theros Breast ...
Cached Medicine Technology:Study Finds DOXIL(R) Combination Therapy Delays Disease Progression for Patients With Metastatic Breast Cancer 2Study Finds DOXIL(R) Combination Therapy Delays Disease Progression for Patients With Metastatic Breast Cancer 3Study Finds DOXIL(R) Combination Therapy Delays Disease Progression for Patients With Metastatic Breast Cancer 4Study Finds DOXIL(R) Combination Therapy Delays Disease Progression for Patients With Metastatic Breast Cancer 5Study Finds DOXIL(R) Combination Therapy Delays Disease Progression for Patients With Metastatic Breast Cancer 6Study Finds DOXIL(R) Combination Therapy Delays Disease Progression for Patients With Metastatic Breast Cancer 7Study Finds DOXIL(R) Combination Therapy Delays Disease Progression for Patients With Metastatic Breast Cancer 8Three Clinical Studies of bioTheranostics Molecular Breast Cancer Diagnostics Presented at San Antonio Breast Cancer Symposium 2Three Clinical Studies of bioTheranostics Molecular Breast Cancer Diagnostics Presented at San Antonio Breast Cancer Symposium 3Three Clinical Studies of bioTheranostics Molecular Breast Cancer Diagnostics Presented at San Antonio Breast Cancer Symposium 4
... Laboratories is a national reference laboratory and ... and development. ARUP offers an extensive test ... tests in clinical and anatomic pathology. Owned ... clients include more than half of the ...
... is a national reference laboratory and a ... development. ARUP offers an extensive test menu ... in clinical and anatomic pathology. Owned by ... include more than half of the nation's ...
... reference laboratory and a worldwide leader in ... an extensive test menu of highly complex ... anatomic pathology. Owned by the University of ... half of the nation's university teaching hospitals ...
... ARUP Laboratories is a national reference ... laboratory research and development. ARUP offers an ... unique medical tests in clinical and anatomic ... ARUP Laboratories' clients include more than half ...
Medicine Products: