defense costs Archives - The Insurance & Reinsurance Report

May 4, 2016 Directors and Officers

Former FIFA Executive Entitled to Criminal Defense Costs in Bribery Case; D&O Insurers Required to Pay

Eduardo Li, one defendant of a widespread racketeering and fraud prosecution against FIFA and its members, brought this case seeking a declaration his insurers have to pay and advance his criminal defense costs regarding those prosecutions. The Eastern District of New York Court found that the insurers must immediately reimburse and advance legal costs for Li under a directors and officers liability policy.

Eduardo Li and other members of FIFA are the subject of criminal actions for corruption related to the administration of the international …

January 28, 2016 Duty to Defend

Insurer Entitled to Reimbursement of Defense Costs for Non-Covered Claims

In Chiquita Brands Int’l, Inc. v. Nat’l Union Fire Ins. Co., 2015-Ohio-5477 (Oh. Ct. App. Dec. 30, 2015), the Court of Appeals of Ohio held that an insurer was entitled to recover defense costs and prejudgment interest pursuant to restitution theory. Ultimately, however, the net effect of Chiquita Brands Int’l, Inc. is somewhat diminished by the Court of Appeals’ statement that its holding was narrow and limited to the particular posture and facts of the case, which while not exceeding rare, may be difficult …