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Relying on Insolvency Exclusion, Second Circuit Finds That D&O Insurer Not Required to Defend Professional Manager Overseeing...

The United States Court of Appeals for the Second Circuit, applying New York law, affirmed a trial court’s denial of a preliminary injunction seeking to require a D&O insurer to defend a professional manager hired to oversee...more

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

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

New York Statutory Remedy Limited to a Single Policy Period

In a win for Wiley’s client, the New York Supreme Court Appellate Division affirmed a trial court’s determination that New York Insurance Law Section 3426’s prohibition on coverage reductions in renewal policies where notice...more

D&O Insurer Has Duty to Defend Wrongful Death Suit Because of “Discrepancy” Between Exclusions

The United States District Court for the Northern District of Ohio, applying Ohio law, has held that a D&O insurer had a duty to defend a wrongful death lawsuit against its insured because of a “discrepancy” between the...more

D&O Policy’s Pollution Exclusion Bars Coverage For Claim Arising from Alleged Conspiracy to Submit Fraudulent Regulatory Filings

The United States Court of Appeals for the Sixth Circuit, applying Kentucky law, upheld a district court’s grant of summary judgment in favor of a coal company’s D&O insurer because a pollution exclusion applied to a claim...more

Delaware Supreme Court Applies Delaware Law in D&O Coverage Dispute Involving California Company Incorporated in Delaware

In a much-watched case, the Delaware Supreme Court has held that Delaware law governs a dispute regarding insurance coverage for a federal securities class action under D&O policies issued in California to a California...more

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