In a significant victory for policyholders, the Delaware Superior Court rejected three insurers' attempts to apply their Directors and Officers Liability ("D&O") policies' so-called "bump-up" exclusion to bar coverage for...more
1/15/2025
/ Acquisition Agreements ,
Commercial Insurance Policies ,
Contract Terms ,
Corporate Governance ,
D&O Insurance ,
Delaware ,
Insurance Litigation ,
Merger Agreements ,
Policy Exclusions ,
Securities Litigation ,
Securities Regulation ,
Settlement
The Ninth Circuit recently affirmed a lower court's ruling that a Directors and Officers Liability ("D&O") insurer had a duty to defend against a lawsuit brought by investors in an insured's commercial development project. In...more
With intensifying demands from regulators, investors, and the public for attention to environmental, social, and governance ("ESG") issues, companies are increasingly focused on ESG considerations and initiatives. Not...more
Directors and Officers Liability ("D&O") insurers often attempt to rely on so-called "bump-up" exclusions in their policies as a categorical bar to the indemnification of claims arising from mergers and acquisitions entered...more
The Situation: Corporate policyholders, and their individual officers and directors, often incur significant fees and costs when forced to respond to government subpoenas that may require extensive document productions and...more
The Situation: Corporate policyholders and their directors and officers may soon face lawsuits and claims arising from COVID-19 as the economy reopens and companies, their employees, and consumers get back to business.
The...more
The Situation: Declared a global health emergency by the World Health Organization, and with more than 17,000 cases already confirmed worldwide, preliminary estimates indicate that the latest coronavirus outbreak may not peak...more
2/10/2020
/ Bodily Injury ,
Business Interruption ,
Commercial General Liability Policies ,
D&O Insurance ,
Employer Liability Issues ,
Errors and Omissions Policy ,
Infectious Diseases ,
Insurance Industry ,
Policy Terms ,
Public Health ,
Workers' Compensation Claim
In a significant ruling for policyholders on an issue of first impression, on July 31, 2019, the Delaware Superior Court determined that shareholder appraisal actions constitute a covered "Securities Claim," as that term is...more
The Situation: Claims brought by insolvency administrators under Section 64 of the German Limited Liability Companies Act are not only among the most common, but also the most financially significant, claims faced by the...more