Directors and officers (“D&O”) liability insurance covers the fees and costs associated with claims and lawsuits against corporate directors and officers—and, in some cases, claims, and lawsuits against the corporation itself. In a commentary for Mealey’s Emerging Insurance Disputes, published by LexisNexis, partners Shaun Crosner, Peter Halprin, Kirk Pasich, Mikaela Whitman and Pamela Woods discussed how various courts around the country analyzed the scope of D&O insurance, issuing several recent pro-insured decisions on a host of important issues.
In the commentary, the Pasich LLP attorneys highlighted the key rulings, including the firm’s win in a landmark Delaware Supreme Court case on the insurability of fraud claims and common choice-of-law considerations, a pair of decisions that narrowly construed “bump-up” exclusions in D&O policies, and a decision confirming coverage for so-called “disgorgement” of ill-gotten gains. The attorneys shared cases that serve as reminders that, when faced with adverse coverage positions from their D&O insurers, insureds should not automatically assume that such positions are well-founded.
Learn more and read the full commentary here (subscription required).