News & Analysis as of

D&O Insurance Insurance Litigation Corporate Counsel

Troutman Pepper

D&O and Professional Liability 2023: A Year in Review

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The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the...more

Foley Hoag LLP

The SVB Bankruptcy Decision and Its Lessons for D&O Insurance Programs

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Directors and Officers (D&O) policies are intended first and foremost to protect a company’s individual directors and officers from significant claims which may be asserted against those individuals in their capacities as...more

Hinshaw & Culbertson - Insights for Insurers

Key Insurance Cases and Developments – 2022 In Review

After a brief abatement due to pandemic-related litigation delays and court closures, social inflation returned with a vengeance replete with numerous nuclear jury verdicts. Although a case in any state is capable of...more

Jenner & Block

Seventh Circuit Decision Sends Warning to "Claims Made" D&O Insurance Policyholders

Jenner & Block on

The U.S. Court of Appeals for the Seventh Circuit in Hanover Ins. Co. v. R.W. Dunteman Co., 2022 WL 13769371, --- F.4th --- (7th Cir. Oct. 24, 2022), recently interpreted Illinois law on the aggregation provisions in a claims...more

Woodruff Sawyer

New Protection for Corporate Officers: Delaware Exculpation

Woodruff Sawyer on

It’s a banner year for Delaware corporations when it comes to protecting their directors and officers. Earlier this year, the Delaware legislature took steps that will allow captives to become a more viable alternative to...more

Farella Braun + Martel LLP

In Verizon Decision Careful Review of Insurance Policies Expands Coverage

In Verizon Communications Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa. the Delaware Superior Court ruled that Verizon was entitled to a defense under its D&O policy for fraudulent transfer claims. Although the...more

Wiley Rein LLP

Delaware Supreme Court Applies Delaware Law in D&O Coverage Dispute Involving California Company Incorporated in Delaware

Wiley Rein LLP on

In a much-watched case, the Delaware Supreme Court has held that Delaware law governs a dispute regarding insurance coverage for a federal securities class action under D&O policies issued in California to a California...more

Pillsbury - Policyholder Pulse blog

Federal Appeals Court Punishes Policyholder for Giving Too Much Notice

When a company receives a claim or lawsuit, it is critical to provide timely notice to its insurers. But when the claim is first made, sufficient facts may not yet be known to indicate which policy will respond. Many policies...more

Locke Lord LLP

Delaware Decision Limits Coverage of D&O Insurance Policies

Locke Lord LLP on

In a case with implications for director and officer protections, and of particular relevance to principals of private equity firms, the Delaware Superior Court recently denied two former directors coverage under a D&O...more

Foley & Lardner LLP

D&O Policies: A Possibility for TCPA Coverage?

Foley & Lardner LLP on

Business is booming for plaintiffs’ attorneys wielding the Telephone Consumer Protection Act (TCPA). The TCPA restricts unsolicited telemarketing by fax, voice calls and text messages. Violations can trigger liability of at...more

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