News & Analysis as of

Board of Directors Insurance Industry

Latham & Watkins LLP

Recent Developments for Directors July 2025

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The D&O insurance market has become more favorable for insureds, with many insurers competing for placements, allowing enterprising companies and their counsel to negotiate expanded coverage and policy enhancements....more

Eversheds Sutherland (US) LLP

A Story of Innovation in Insurance – the Porch Reciprocal Exchange

Property insurers have faced significant headwinds in recent years due to the combination of severe weather events, inflation, volatility in reinsurance availability and pricing, regulatory uncertainty and technological...more

Hogan Lovells

Insuring AI risks: is your business (already) covered?

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In the rapidly advancing world of artificial intelligence (AI), businesses are encountering new frontiers of innovation whilst also facing novel risks, prompting the need for robust insurance solutions. This article offers...more

K&L Gates LLP

Australia: APRA Proposes Reforms to Strengthen Governance Standards

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The Australian Prudential Regulation Authority (APRA) has proposed reforms to strengthen core prudential standards and guidance on governance, currently set out in SPS 510 Governance, SPS 520 Fit and Proper, and SPS 521...more

McCarter & English, LLP

Delaware Court Holds Settlement of Underlying Securities Litigation Is Covered Under D&O Policy, Rejecting Insurers’ Assertion of...

A Delaware court recently found for the policyholders in determining that a directors and officers (D&O) liability policy covered the settlement of an underlying action alleging violations of the Securities Exchange Act of...more

Bennett Jones LLP

The Function and Limits of Directors and Officers Insurance Policies in Class Actions and the Companies’ Creditors Arrangement Act

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The Ontario Superior Court has held that claims made insurance policies issued to directors and officers upon a company filing for protection under the Companies' Creditors Arrangement Act, RSC 1985, c C-36 (the CCAA) could...more

Carey Olsen

Insurance M&A: Bermuda’s change of control requirements

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This article, the first in a multi-part series on M&A in insurance, considers the change of control regime under the Bermuda Insurance Act 1978 (the “Insurance Act”) as it applies to shareholder controllers of Bermuda...more

Allen Matkins

Has Your Corporation Unwittingly Agreed To Indemnify Its "Executives"?

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The "usual suspects" when looking for director and officer indemnification requirements are...more

Woodruff Sawyer

[Webinar] D&O Insurance Trends: Looking Ahead to 2025 - September 17th, 10:00 am - 11:00 am PT

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The streak of good news in D&O litigation risk ends this year, with a rise in class action filings and bigger settlements. But the D&O market is still soft, so staying on top of the evolving risk landscape will help you...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

Dinsmore & Shohl LLP

[Webinar] AI's Goldilocks Problem for Officers and Directors: Getting Risk Management "Just Right" - June 13th, 12:00 pm - 1:00 pm...

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The transformative power of Artificial Intelligence (AI) presents unprecedented opportunities and challenges for businesses across various sectors. Corporate entities and their fiduciaries are navigating a complex landscape...more

Allen Matkins

Are D&O Premiums Less For Nevada Corporations?

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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

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

Woodruff Sawyer

An Easy-to-Understand Guide to Private Company D&O Insurance - 2023 Edition

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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...more

Partridge Snow & Hahn LLP

Nonprofit Compliance and Best Practices "To Do" List

Whether you run a nonprofit or serve on the Board, you have a responsibility to make sure the organization is both in compliance to weather the storm and take advantage of growth opportunities. There never seems to be enough...more

Conyers

Bermuda Insurance Code of Conduct and Independent Directors

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In December 2021, the Bermuda Monetary Authority (the “BMA”) issued a consultation paper proposing revisions to the Insurance Code of Conduct dated July 2015. On Friday, 28 August 2022 the BMA posted further and final...more

A&O Shearman

(Re)insurers prepare for tighter boardroom governance rules

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With new rules on the governance of insurance company boards coming into force from the end of this month, Paul Péporté and Helena Finn outline the main changes....more

Woodruff Sawyer

New Protection for Corporate Officers: Delaware Exculpation

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It’s a banner year for Delaware corporations when it comes to protecting their directors and officers. Earlier this year, the Delaware legislature took steps that will allow captives to become a more viable alternative to...more

Woodruff Sawyer

An Easy-to-Understand Guide to Private Company D&O Insurance

Woodruff Sawyer on

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...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

Hinshaw & Culbertson - Insights for Insurers

Insurers Take the Lead on ESG/Sustainability Initiatives

Environmental, social, and governance (ESG) criteria or standards – often referred to simply as sustainability – are having an impact on all sectors of society, including corporate, entity, and professional policyholders and...more

Farella Braun + Martel LLP

[Webinar] Insurance for Nonprofits: Managing Risk in Risky Times - April 22nd, 3:30 pm - 5:00 pm PT

Nonprofit organizations—and their directors and staff—are not immune to claims in difficult economic times. Identifying risks and choosing the right insurance can be critical to the organization’s mission and financial...more

Troutman Pepper Locke

The New York Department of Financial Services Seeks to Promote a Culture of Diversity, Equity and Inclusion

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On March 16, 2021, the New York Department of Financial Services issued Circular Letter No. 5 “Diversity and Corporate Governance,” which notifies all insurers of the need for increased prioritization of diversity in C-Suite...more

Eversheds Sutherland (US) LLP

New York Department of Financial Services to collect data from insurers relating to gender, racial, and ethnic composition of...

The New York Department of Financial Services (DFS) has issued Insurance Circular Letter No. 5 (2021) (Circular Letter) relating to insurer diversity in the boardroom and C-suite. The Circular Letter outlines new...more

Blank Rome LLP

Under Pressure to Diversify: Availability of D&O Coverage for Corporate Diversity Claims

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With the recent rise in novel diversity lawsuits, which have targeted some of the leading companies across the country, and are sure to be a hot topic of litigation this year and beyond, policyholders are highly encouraged to...more

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