News & Analysis as of

D&O Insurance Insurance Contracts Denial of Insurance Coverage

Wiley Rein LLP

Post-Termination Correspondence between Insured and its Former Officer Did Not Constitute a “Claim”

Wiley Rein LLP on

The United States Court of Appeals for the Eleventh Circuit, applying Florida law, has held that letters from an insured company explaining the basis for termination of its CEO and President and requesting that he preserve...more

Wiley Rein LLP

When Labels Don’t Matter: No Coverage for Restitutionary Arbitration Award

Wiley Rein LLP on

The Ninth Circuit, applying California law, has held that there is no coverage under a D&O policy for an arbitration award comprised of funds previously loaned to the insured by the claimant because the award constituted...more

Pillsbury - Policyholder Pulse blog

Paloma Resources v. Axis Insurance Shows How “The” Can Be the Genuine Article in a Policyholder Defense

It’s said that an ant can carry fifty times its own weight. That’s nothing. A recent decision out of the U.S. Court of Appeals for the Fifth Circuit provides a compelling reminder to policyholders and their counsel: Even the...more

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