Excess Insurers’ Right to Challenge the Primary Insurers’ Claim Adjustment
Partner Nathan Lee was a co-panelist on this webinar which discussed when prior rulings on coverage do not bind an excess insurer that follows form and when it can challenge the primary carrier’s coverage, settlement, and payment decisions, including the theory of “improper erosion.”
The panelists also examined:
- Following form and its variations
- Challenging claims treatment the excess is asked to cover
- Challenging claims treatment the excess is not asked to cover
- Binding effect of prior judgments
- Recent decisions
The (Overlooked) Advantages of Pre-Suit Mediation
Most alternative dispute resolution is brought into disputes, or lawsuits, after thousands of hours and dollars have been spent “fighting the fight.” But how many of us ever consider the idea of mediating a contested matter before it matures into litigation? In his webinar, Partner Rick Williams discusses why pre-suit mediation is a grossly underutilized vehicle for litigation avoidance.
The webinar examines:
- How pre-suit mediation can build a bridge over the risks which can consume resources.
- The potential benefits of pre-suit mediation.
- How to determine if a dispute is appropriate for early pre-suit mediation and settlement.
Who’s at Fault? Additional Insured Endorsements Can Shift Risk to Innocent Parties
“Additional insured” clauses most often start with a contract requiring the first party to name the second party as an additional insured under the first party’s insurance policy. This is frequently found with or near a contract clause requiring the first party to indemnify, defend and hold harmless the second party. However, additional insured provisions can shift risk onto a not-at-fault party even when a hold harmless provision would not, or an “anti-indemnity” statute might prohibit it.
In this webinar, Partner Tim Thornton discusses insurance policy language developments and how insurers have rewritten endorsements for more precise underwriting. He also covers
- The most frequently litigated additional insured provisions.
- What “causal link” is sufficient to demonstrate fault.
- The effect of different additional insured endorsement language.
- How umbrella and excess policies may come into play
Buy/Sell Basics – Part I
In our most recent webinar, “Buy/Sell Basics – Part 1,” Partner Erin K. Tenner discusses three common methods for buying or selling a business and which method is best for specific situations. This is the first in a webinar series covering topics such as asset sale and purchase agreements, stock sale and purchase agreements, shareholder agreements and real property purchase agreements. “Buy/Sell Basics – Part II,” will air in May and cover asset sale and purchase agreements.
Buy/Sell Basics Part II – “Asset Sale and Purchase Agreements
In her first webinar, Erin Tenner discussed the three different types of Buy/Sells and how to determine which one to use in any given situation.
She continues her webinar series with Buy/Sell Basics – Part II, where she discusses the basics of one type of agreement: Asset Sale and Purchase Agreements, including:
- How an asset purchase agreement is set up.
- The process of selling assets of a business, from start to finish.
- Some of the more important provisions of an asset sale and purchase agreement that will protect a buyer from claims after closing.
Buy/Sell Basics – Part III: Stock Purchase Agreements by Erin K. Tenner
In her first webinar: Buy/Sell Basics – Part I, Erin Tenner discussed three common methods for buying or selling a business and which method is best for specific situations. In Buy/Sell Basics – Part II, she covered asset sale and purchase agreements in more detail.
Erin continues her webinar series with Buy/Sell Basics – Part III, where she discusses Stock Purchase Agreements, including:
- When to consider purchasing stock instead of assets.
- Tax issues in selling or buying capital stock.
- Pros and cons of stock sale and purchase agreements.
Buy/Sell Basics – Part IV – Owners’ Agreements by Erin K. Tenner
An owner’s agreement is an agreement among owners of a business that governs the relationships and rights of each owner of the business. The type of agreement you have depends on the legal form of your business. In the webinar, Buy/Sells Part IV: Owners’ Agreements, Gray Duffy Partner Erin K. Tenner examines:
- Types of owners’ agreements: shareholders agreements, operating agreements and partnership agreements.
- Consequences of not having an owners’ agreement.
- What must be included in a properly drafted agreement.
- How owners’ agreements provisions protect businesses.