Insurance Coverage & Recovery
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Insurance Coverage & Recovery
Avrahami v. Commissioner: Good News or Bad News? It Depends
A reminder that a captive insurance arrangement cannot be reverse-engineered without a focus on providing insurance as it’s commonly understood.
On August 17, 2017, the U.S. Tax Court decided Avrahami v. Commissioner, a “Division Opinion” by Tax Court Judge Mark Holmes, and...
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As Opioid Suits Loom, Now’s the Time to Act on D&O Insurance
Coverage for opioid exposures remains relatively untested, with existing case law increasing the uncertainty.
Litigation related to to the opioid crisis is on the rise, and now corporate shareholders are entering the fray. In recent months, shareholders have brought a number of lawsuits...
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Tide Turns on Phantom Exclusion
“Final adjudication” undermines the insurance industry’s disgorgement defense.
For decades, the protection provided by directors and officers (D&O) and errors and omissions (E&O) professional liability insurance policies has been weakened by insurance companies...
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