Businesses face a wide range of lawsuits for commercial conduct that may be referred to as business torts or business conduct litigation. These types of actions may include claims of antitrust violations, anticompetitive conduct, unfair competition, trade disparagement, employment actions, and violations of state and federal laws governing the conduct of businesses, government investigations, False Claims Act suits, and Foreign Corrupt Practices Act investigations and cases.
A business need not go without protection for these types of claims and liabilities. Commercial liability insurance policies provide valuable protections, including one of the most valuable insurance protections: the “duty to defend” that entitles insureds to a defense of claims paid for by its insurance company. Insurers, however, frequently challenge the applicability of insurance to suits and investigations arising out of alleged business conduct, and deny coverage for claims for attorneys’ fees, for enhanced or punitive damages, and for alleged intentional conduct. As a result, businesses unwilling or unable to parry an insurer’s initial denials fail to realize the full value of the protection available from their liability policies.
Blank Rome’s insurance coverage business conduct liabilities practice focuses on securing the insurance protections that businesses purchased in their insurance policies.