The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, denied an insurer’s motion for summary judgment on the grounds that a genuine dispute of material fact existed as to...more
The United States District Court for the Middle District of North Carolina, applying North Carolina law, ruled that neither a contract exclusion nor a professional services exclusion contained in a D&O policy barred coverage...more
Applying federal procedural law, the United States District Court for the Eastern District of Louisiana has held that an insurer’s allegation “upon information and belief,” that an insured possessed knowledge or information...more
Applying Delaware Law, the United States District Court for the District of Delaware has held that there is no coverage for acts undertaken by an insured’s directors and officers that occurred prior to the formation of the...more
6/6/2022
/ Choice-of-Law ,
Corporate Counsel ,
D&O Insurance ,
Defense Costs ,
Enforcement Actions ,
Insurance Industry ,
Investigations ,
Pump and Dump ,
Recoupment ,
Securities and Exchange Commission (SEC) ,
Wrongful Acts
The Delaware Superior Court has held that an insurer is not obligated to reimburse or advance an insured’s attorneys’ fees and costs incurred in defense of an appraisal action because the appraisal action is not a claim for a...more
Applying New York law, the United States District Court for the Southern District of New York has held that a joint venture between the insured and a capital-contributing partner constituted a “subsidiary” of the insured...more
The United States District Court for the District of Kansas, applying Kansas law, has held that an excess E&O insurer was required to advance defense costs where coverage under a potentially responsive D&O policy had not yet...more