Anderson Kill, led by William G. Passannante, recently on a landmark decision that marks a return to the longstanding rule that insurance coverage sold to cover potential liabilities should be available regardless of intervening corporate transactions.

12/21/2004The Court of Appeals, Eighth District, in Cleveland, Ohio held in The Glidden Company v. Lumbermens Mutual Casualty Co., et. al, No. 81782 (Ohio Ct. App. December 17, 2004), that a policyholder is entitled to a defense and indemnity for alleged pre-acquisition liabilities because liability insurance follows the alleged liability by operation of law. The Glidden court reversed the lower court’s ruling, and found that Glidden obtained these rights by operation of law because the right to a defense and indemnity followed the potential liability rather than the policy itself. Attorneys on the Anderson Kill team included: William G. Passannante and Mark Garbowski. To view the decision click here