An article by Stephen J. Bagge in the Carlton Fields PropertyCasualtyFocus blog describes an Eleventh Circuit’s ruling that provides persuasive language for applying contractual liability exclusions under D&O policies to alleged business torts that are related to or dependent on the existence of contractual liability.

“This is significant, in that plaintiffs are increasingly seeking insurance coverage for contractual disputes,” Bagge writes. “As the court’s opinion demonstrates, D&O policies are not intended to insure contracts entered into by insureds: that is why D&O policies routinely contain contractual liability exclusions.”

The case was Bond Safeguard Ins. Co. v. National Union Fire Ins. Co. of Pittsburgh, Pa., No. 14-15233 (11th Cir. Oct. 5, 2015), in which the plaintiff sought to recover payments it had made under certain surety bonds.

Read the article.

Joe Jamail, the Texas billionaire who became the richest practicing attorney in the U.S. after winning jury verdicts in civil lawsuits that included a $10.5 billion award for Pennzoil Co. in its landmark case against Texaco Inc. during the 1980s, has died, reports Claims Journal. He was 90.

He died in Houston from complications with pneumonia, the Austin American- Statesman newspaper reported, citing university officials it didn’t name.

“His representation of Pennzoil in a case against Texaco over the purchase of Getty Oil Co. led to a record jury verdict of $10.5 billion and helped make him one of the U.S.’s most sought-after lawyers during his five decades in practice,” according to the Claims Journal

Read the article.