News & Analysis as of

Delaware Insurance Industry

Allen Matkins

Are D&O Premiums Less For Nevada Corporations?

Allen Matkins on

I have been following Nevada law since 1987 when it followed Delaware by enacting a statute allowing Nevada corporations to include an exculpation provision in their articles of incorporation.  The original statute was an...more

Pillsbury - Policyholder Pulse blog

Say What You Mean: Delaware Court Finds Bump-Up Exclusion Ambiguous as Applied to Mergers Versus Acquisitions

Long a feature of directors’ and officers’ (D&O) liability insurance policies, the so-called “Bump-Up” Exclusion has gotten significant attention over the last few years. Because of the recent escalation in securities...more

Farella Braun + Martel LLP

Disputes Between Shareholders May Not Be Governed by Fiduciary Duties but Could Be Covered by Insurance

Disputes regarding ownership interests often arise in the context of closely held corporations, particularly when directors, officers, or majority shareholders sell or acquire ownership interests in the company. These...more

Wiley Rein LLP

Insurers’ Counterclaims Based on Interrelated Wrongful Acts and Pending and Prior Litigation Exclusions Survive Motion to Dismiss

Wiley Rein LLP on

The Delaware Superior Court, applying Delaware law, has held that a group of D&O insurers’ counterclaims and affirmative defenses based on their policies’ interrelated wrongful acts provisions and pending and prior litigation...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] Understanding Automobile and Property Subrogation in Delaware - January 12th, 1:00 pm ET

Join Weber Gallagher Partners Travis McElhaney, Kristen Swift, and Krista Shevlin for a webinar discussing automobile and property subrogation in the State of Delaware. The webinar will compare common law and contractual...more

White and Williams LLP

Delaware Law May Govern D&O Coverage Dispute Transferred to Another District

White and Williams LLP on

On April 8, 2022, the United States District Court, District of Delaware, granted defendant-insurers’ motion for a change of venue, transferring the directors and officers (D&O) insurance dispute originally filed in Delaware...more

Fox Rothschild LLP

Delaware Amends DGCL Section 145 to Authorize Captive Insurance Agreements

Fox Rothschild LLP on

Delaware Governor John Carney recently signed into law a bill to amend Section 145 of the Delaware General Corporation Law (“DGCL”) to allow Delaware corporations to use captive insurance for their directors and officers...more

Woodruff Sawyer

[Webinar] D&O Game Changer: Delaware Approves Using Captives for D&O Insurance - February 3rd, 12:00 pm - 12:45 pm PT

Woodruff Sawyer on

DELAWARE LEGISLATURE UPDATE - Big News: On January 27th, the Delaware Legislature passed legislation making captive insurance a real alternative to traditional D&O insurance. Overtime, this should reduce the costs of D&O...more

Wiley Rein LLP

Delaware Federal Court Clarifies No Coverage Available for Director and Officer Sued in Capacity as Controlling Stockholder

Wiley Rein LLP on

The United States District Court for the District of Delaware, applying Delaware law, has held that, because coverage was not available under a directors and officers liability policy for a claim against a director and...more

White and Williams LLP

Delaware District Court Finds CGL Insurer Owes Condo Builder a Duty to Defend Faulty Workmanship Claims — Based on the...

On September 7, 2021, in one of the few decisions addressing the scope of coverage for faulty workmanship under Delaware law, the Delaware District Court denied an insurer’s motion seeking a declaration that it neither needed...more

Wiley Rein LLP

Delaware Superior Court Holds that Appraisal Actions Not Securities Claim “For a Wrongful Act”

Wiley Rein LLP on

In a victory for Wiley’s client, Judge Abigail LeGrow of the Delaware Superior Court has held that an appraisal action did not constitute a claim “for a Wrongful Act” as required by a D&O policy. Jarden, LLC v. ACE Am. Ins....more

Wiley Rein LLP

Alleged Breach of Fiduciary Duty Not a “Securities Claim”

Wiley Rein LLP on

The United States District Court for the District of Delaware, applying Delaware law, has held that lawsuits alleging breaches of fiduciary duty did not constitute “Securities Claims” under a D&O policy.  Calamos Asset Mgt.,...more

Wiley Rein LLP

Delaware Trial Court Holds that Fraudulent Transfer Claim by Bankruptcy Trustee is a “Securities Claim”

Wiley Rein LLP on

Applying Delaware law, the Delaware Superior Court has held that a bankruptcy trustee’s fraudulent transfer claim constitutes a “Securities Claim” under a D&O policy. Verizon Commc’ns Inc. v. Nat’l Union Fire Ins. Co. of...more

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