Legal Research

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Corporate Insurance Law
Friday, March 6, 2009
By Howard B. Epstein And Theodore A. Keyes

"Howard B. Epstein, a that partner at Schulte Roth & Zabel, and Theodore A. Keyes, special counsel at the firm, write: On Oct. 16, 2008, the Superintendent of the New York State Insurance Department issued an Opinion Letter asserting that director and officer liability (D&O) insurance policies issued in New York must place the duty to defend on the insurance carrier, not the insured.1 If adopted as a rule of law, this opinion letter would seem to have the potential to drastically alter the defense provisions in standard D&O policies. However, because the letter is not binding on the courts, the breadth of its impact remains to be seen."

Civil Rights Litigation
Friday, March 6, 2009
By Ilann Margalit Maazel

" Ilann Margalit Maazel, a partner at Emery Celli Brinckerhoff & Abady, writes that while 42 USC §1983 has served civil rights plaintiffs reasonably well for decades, even the best statutes have their flaws, and §1983 is no exception. 'Change' being the buzzword in Washington these days, perhaps §1983 could be reformed to make it clear that municipalities should be liable under a respondeat superior theory for the unconstitutional actions of their employees or to abolish qualified immunity. "

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Second Circuit Broadens Disability Insurance Remedies
Friday, March 6, 2009
By Kevin Schlosser and Robert C. Angelillo

"Kevin Schlosser, a partner at Meyer, Suozzi, English & Klein, and Robert C. Angelillo, an associate at the firm, review the Second Circuit's decision in McCauley v. First Unum Life Insurance Company, where the court provided guidance on the critical factors that must be considered in determining whether insurance benefits have been properly denied, and Slupinski v. First Unum Life Insurance Co., where the Second Circuit broadened the grounds upon which attorney's fees and prejudgment interest may be awarded to a prevailing claimant under ERISA."