McKool Smith principal Michael Miguel shared his observations on the important insurance litigation and court decision trends throughout 2021 with in the article “Industry Thought Leaders Identify and Comment on Litigation Trends of 2021.” Michael said, “While country-wide decisions on COVID and cyber-attack fallout dominated the insurance headlines in 2021, and justifiably so, there were other decisions with significant potential import. Delaware’s Supreme Court decided it would apply its own law to Delaware corporations, and not the law of the principal place of business in the Dole case. Coverage for fraud that would be prohibited in California under D&O policies was available under Delaware law. A Delaware superior court found coverage for Verizon under D&O insurance, holding a fraudulent transfer could be considered a securities claim. Lastly, in Guaranteed Rate, Inc. v. Ace American a civil investigation demand was considered a claim and a mortgage broker’s defense costs to respond to a False Claims Act investigation were covered.” Read the article here.


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