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Insurance Industry D&O Insurance Insurance Claims

Lowenstein Sandler LLP

Closing Coverage Gaps: California Court Emphasizes the Importance of Coordinated Insurance Policies in Complex Claims Environments

Policyholders must be vigilant in coordinating their insurance program across coverage lines in today’s complex claims environment. Often resembling a “patchwork quilt” – modern businesses protect against a wide range of...more

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

Kennedys

New Jersey Appellate Court enforces “capacity” exclusion in D&O policy as matter of first impression

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As a matter of first impression, on July 9, 2024, the Superior Court of New Jersey Appellate Division issued a published decision upholding and enforcing a “capacity” exclusion contained in a Directors and Officers Liability...more

Rivkin Radler LLP

July 2024 New York Insurance Coverage Law Update

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Paraco Gas Corporation purchased an insurance policy for Directors, Officers and Private Company Liability (“D&O”) from Ironshore Indemnity, Inc. that covered certain acts of Paraco’s officers and directors. Paraco...more

Woodruff Sawyer

Guide to Private Company D&O Insurance 2024

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8 Reasons to Buy D&O Insurance 1. Attracting New Directors: D&O insurance makes board seats more attractive. 2. Investor Requirements: Some venture capital and private equity firms require that their portfolio companies...more

Woodruff Sawyer

The Essential Guide to D&O Insurance Placement for Foreign Filers Going Public on a US Exchange

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Woodruff Sawyer is a market leader when it comes to placing D&O insurance for companies going public through IPOs and direct listings. Experience matters for these types of transactions, and this is especially the case when...more

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

Wiley Rein LLP

Coverage for Shareholder Actions Not Barred by Prior Acts Exclusion

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The New York Supreme Court, Appellate Division, has held that a “prior acts” exclusion in a directors and officers policy did not bar coverage for settlements reached by the insured in two related shareholder lawsuits,...more

Cozen O'Connor

Claims Notes: March 2024

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After a yacht ran aground, the owner filed a maritime insurance claim. Despite a New York choice of law provision in the insurance policy, the owner contended that Pennsylvania law applied. The Third Circuit had protected the...more

Wiley Rein LLP

Insured Cannot Block Coverage For Settlement By Another Insured Based On Consent and Cooperation Provisions in D&O Policy

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The United States District Court for the Southern District of New York, applying New York law, has held that one Insured cannot use consent and cooperation provisions in a D&O insurance policy to block coverage for another...more

Wiley Rein LLP

Bump-Up Provision Bars Coverage for Settlement of Post-Merger Claims by Shareholders of Target Company

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On remand from the U.S. Court of Appeals for the Fourth Circuit, the U.S. District Court for the Eastern District of Virginia, applying Virginia law, has held that a bump-up provision in directors and officers liability...more

Wiley Rein LLP

California SPAC Entitled to Advancement of Subpoena-Related Costs Post-Name Change Based on “Potentially Covered” Standard

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The United States District Court for the Northern District of California, applying California law, has held that two former directors and officers were entitled to advancement of defense costs incurred in connection with SEC...more

Woodruff Sawyer

From Mars Back Down to Earth: Lessons from the Rescission of Elon Musk’s $55.8B Option Grant

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CEO compensation can be a source of concern for shareholders, which makes it a concern for the Delaware Chancery Court. Another major concern is director independence. The decision by the Delaware Chancery Court to void Elon...more

Kennedys

Macquarie says Second Circuit makes a mockery of Section 10(b)

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On January 16, 2024, the Supreme Court heard argument in Macquarie Infrastructure Corporation et al. v. Moab Partners LP et al., No. 22-1165. Macquarie presents an important issue for publicly traded companies and their D&O...more

Wiley Rein LLP

Third Circuit Holds that Insured Must Satisfy All Conditions Precedent in Excess Policy to Trigger Coverage

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The United States Court of Appeals for the Third Circuit, applying New Jersey law, has affirmed that an excess policy did not provide coverage when an insured could not satisfy an express condition precedent to coverage...more

Wiley Rein LLP

Insured v. Insured Exclusion Bars Coverage for Lawsuit Brought by Both Insureds and Non-Insureds

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The U.S. Court of Appeals for the Second Circuit, applying Kentucky law, has held that a D&O policy’s insured v. insured exclusion barred coverage for a lawsuit brought by a non-insured entity and other insured persons....more

Wiley Rein LLP

No Coverage for SEC Investigation of Insured Company

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The Superior Court of Delaware has held that collateral estoppel bars an insured company from relitigating whether, under a second excess follow-form D&O policy, an SEC letter and order (collectively the “SEC Matter”)...more

Wiley Rein LLP

Insurer Must Show that Reasonable Insured Would Have Concluded that Potential Claim Could Arise from Ongoing Investigation in...

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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

Wiley Rein LLP

Court Analyzes “Former Director and Officer” and “Shareholder Derivative” Exceptions to Insured v. Insured Exclusion

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The U.S. District Court for the District of Massachusetts, applying Massachusetts law, has held that a “former director and officer” exception to an insured v. insured exclusion in a private company management liability...more

Wiley Rein LLP

Second Circuit Affirms Ruling That Excess D&O Insurer Is Not Required to Advance Defense Costs

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The U.S. Court of Appeals for the Second Circuit, applying New York law, held that a former director is not entitled to injunctive relief requiring an excess D&O insurer to pay his defense costs because the director has not...more

Kennedys

The end of defense within policy limits

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As of October 1, 2023, liability insurers admitted in Nevada may no longer issue or renew any liability policy where policy limits are eroded by defense costs, legal costs and fees and other expenses for claims. Professional...more

Woodruff Sawyer

Looking Ahead to 2024: A Guide for D&O Insurance Renewals [Report]

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Woodruff Sawyer’s 11th annual D&O Looking Ahead Guide features proprietary research and expert insights to help guide your 2024 directors and officers (D&O) liability insurance program renewal. In this article, we’ll...more

Woodruff Sawyer

Exploring the Unique Insurance Needs of Embedded Family Offices

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A family office is a private organization designed to help a high-net-worth family manage its wealth. A family office can exist as a stand-alone entity or in an embedded structure within a family business. In this article,...more

Woodruff Sawyer

[Webinar] D&O Insurance Trends Looking Ahead to 2024 - September 26th, 10:00 am - 11:00 am PT

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The softening D&O market has continued into 2023, with 91% of our clients experiencing a cost reduction in their renewal in the first half of the year. Self-insured retentions have also continued to fall. The soft market is a...more

Wiley Rein LLP

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

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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

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