News & Analysis as of

D&O Insurance Wrongful Acts Policy Exclusions

Rivkin Radler LLP

Insurance Update - April 2024

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Dominance was the theme of this year’s NCAA basketball tournament, with the UConn men’s team winning back-to-back championships and the South Carolina women’s team reclaiming the title with a perfect record. But let’s not...more

Lowenstein Sandler LLP

Wearing Multiple Hats: Making Sure You Are Covered in All Capacities

Lowenstein Sandler LLP on

Today on Don't Take No for an Answer, Lynda A. Bennett and Eric Jesse discuss what happens under D&O policies when an executive wears multiple hats—or, as it’s known in the insurance industry— acts in more than one capacity,...more

Wiley Rein LLP

Employment Practices Exclusion of D&O Policy Bars Coverage for Employee Wrongful Death Lawsuit

Wiley Rein LLP on

The United States Court of Appeals for the Sixth Circuit, applying Ohio law, has held that a directors and officers policy’s employment practices exclusion barred coverage for a wrongful death suit alleging failure to...more

Ervin Cohen & Jessup LLP

Are Consumer Protection or False Advertising Claims Covered By Insurance?

​​​​​​​Whether consumer protec­tion or false advertising claims are covered by insurance depends on the kind of insurance policies in play. For ex­ample, coverage for such claims under a CGL policy is unlikely be­cause an...more

Carlton Fields

Look No Further Than the Insuring Clause: Ill-Gotten Gains Do Not Constitute Covered “Loss”

Carlton Fields on

On August 26, 2019, the Eleventh Circuit Court of Appeals, applying Florida Law, held that ill-gotten gains do not constitute covered “loss” within the meaning of a D&O policy. In Philadelphia Indemnity Insurance Co. v. Sabal...more

Dechert LLP

Global Private Equity Newsletter - Spring/Summer 2019 Edition: Recent Developments in Acquisition Finance (Traps for Portfolio...

Dechert LLP on

A recent decision by the Superior Court of the State of Delaware highlights a risk of potential exposure to liability for individuals affiliated with private equity firms who are presumed to be covered by a directors’ and...more

White and Williams LLP

Does the Fifth Circuit’s Decision in Spec’s Suggest a Breach for Cyber Coverage Into Other Insurance?

Despite the existence of cybersecurity insurance, companies still seek coverage for cyber liability under various types of other insurance. Carriers, in turn, rely upon broad exclusions to limit coverage for risks never...more

Carlton Fields

SDNY Rules SEC Investigation Is A “Claim” Within Pending And Prior Acts Exclusion

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The U.S. District Court for the Southern District of New York has held that a long-running investigation by the SEC constituted a “Claim” triggering the pending and prior claims exclusion in an excess directors and officers...more

Bradley Arant Boult Cummings LLP

Beware of Prior Act Exclusions and Retroactive Dates When Procuring or Renewing Coverage

An 11th Circuit decision issued earlier this year serves as a reminder of the importance of carefully evaluating time-based exclusions and retroactive dates when procuring or renewing coverage. Liability policies such as...more

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