News & Analysis as of

D&O Insurance Insurance Litigation Liability Insurance

Davies Ward Phillips & Vineberg LLP

Better Late Than Never? Not So for Directors’ and Officers’ Liability Coverage

Directors and officers facing liability claims, including investigations and enforcement proceedings, must pay careful attention to the notice provisions of their directors’ and officers’ (D&O) liability coverage policies and...more

Pillsbury - Policyholder Pulse blog

Narrowing the Professional Services Exclusion: Policyholder Lessons “Arising Out of” Practice Fusion v. Freedom Specialty...

A recent decision by a California appellate court in Practice Fusion, Inc. v. Freedom Specialty Insurance Company, denying the policyholder more than $118 million in Directors & Officers liability coverage based on an...more

Warner Norcross + Judd

Do You Have Choice of Counsel in Insurance Litigation?

Warner Norcross + Judd on

Do you know which attorneys will represent your interests if your insurance provider has to defend you in litigation? You might be surprised. As a general rule, liability insurance policies – such as those held by family...more

Wiley Rein LLP

Neither Contract Exclusion nor Professional Services Exclusion Bar Coverage for Lawsuits Against Insured Alleging Breach of Common...

Wiley Rein LLP on

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

Jenner & Block

Client Alert: Recent Developments Construing “Claims” in the Context of Insurance Coverage for Government Investigations

Jenner & Block on

Government investigations are costly, requiring companies and individuals to expend significant financial resources to comply with, or challenge, the government’s requests. In these situations, where a company or an...more

Troutman Pepper

D&O and Professional Liability - 2020: A Year in Review

Troutman Pepper on

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

Carlton Fields

Cow Manure Meets Insurance Law: Seventh Circuit Addresses Breach of Contract Exclusions in Malpractice Insurance

Carlton Fields on

Errors and omissions (E&O) and directors and officers (D&O) professional liability insurance policies commonly contain breach of contract endorsements that exclude coverage for claims “based upon or arising out of” a breach...more

A&O Shearman

Superior Court Of Delaware Rules That Delaware Public Policy Does Not Prohibit Indemnification For Breach Of Duty Of Loyalty Based...

A&O Shearman on

On March 1, 2018, Judge Eric M. Davis of the Superior Court of the State of Delaware denied in part and granted in part the summary judgment motion brought by plaintiff-insurers, which provided directors and officers...more

Carlton Fields

Greed is Not Good: The Personal Profit Exclusion

Carlton Fields on

As this blog has frequently discussed, many limitations and exclusions in liability policies address “moral hazard” situations by declining to provide insurance for bad behavior. One such exclusion is the “personal profit...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - May 2015

California Appellate Court: All Claims “Arising From” Ponzi Scheme Are Precluded - Why it matters: Concluding that any claims related to a Ponzi scheme—even if they involved different investors, investments, or...more

Goulston & Storrs PC

Biochemics, Inc. v. Axis Reinsurance Co.: When Does a D&O “Claim” Occur?

Goulston & Storrs PC on

A recent decision of the United States District Court for Massachusetts underscores the need for holders of director and officer (“D&O”) policies to provide timely – and early – notice of a claim, especially when the SEC...more

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