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4 Mar 2013, 12:38 am
The modern public company D&O insurance policy provides coverage not only for the directors and officers of the company but also for the company itself – however, in the public company D&O insurance policy, the entity coverage applies only to securities claims, a limitation that sometimes leads to disputes whether or not a particular matter constitutes a securities claim. [read post]
29 Jan 2023, 12:19 pm
” The lower-case “e” on the word entity suggests that the exclusion applies regardless of whether the insured company is the acquiror or the target. [read post]
8 Mar 2011, 7:57 am
In this case Jaster alleged that Shelter Mutual Insurance Company (Shelter) was an agent of Michael Hanna d/b/a Cornerstone Replacement Services (Cornerstone). [read post]
26 May 2021, 1:25 pm
If you have questions about D&O insurance or are involved in a coverage dispute with your insurance company, do not hesitate to call us for assistance. [read post]
7 Jun 2018, 5:30 pm
The post D&O Insurance: Company in Receivership, Insurer Can Advance Defense Expense, But Limits Exhausted? [read post]
3 Jun 2019, 12:43 am
The basic purpose of the exclusion is to keep claims in their proper lane – that is, to make sure that E&O claims are dealt with by the company’s E&O insurance policy, and don’t get shoved into the D&O policy. [read post]
8 Nov 2021, 11:52 am
The availability of D&O insurance coverage for False Claims Act claims against publicly traded companies may be limited, as the entity coverage under public company D&O insurance policies is restricted to Securities Claims. [read post]
24 Mar 2022, 2:30 pm
The general approach of D&O insurers is to provide cover on an affirmative basis, e. to identify specific categories of risk and set out the basis on which the relevant cover is provided. [read post]
7 Jul 2009, 7:45 pm
Some states have mandated that insurance companies have SIU units, others do not. [read post]
13 Jan 2015, 7:01 am
Companies facilitating crowdfunding, such as platforms, broker/dealers and consultants, along with crowdfunded companies, need E&O, D&O, EPL, Cyber Risk and other insurance coverages. [read post]
11 Apr 2012, 2:21 am
The automatic stay in bankruptcy may be lifted to permit MF Global’s D&O and E&O insurers advance the defense expenses of individual defendants in the underlying litigation arising out of the company collapse, notwithstanding the objections of the failed company’s commodities customers, according to an April 10, 2011 ruling from Southern District of New York Bankruptcy Judge Martin Glenn. [read post]
14 Nov 2008, 2:59 pm
Advisen observes that these losses will be borne mostly by a few D&O insurers that write financial institution risks and Advisen predicts that there will be increases in premiums for financial institution D&O coverage and real estate companies’ D&O coverage.With respect to E&O coverage, Advisen anticipates $3.7 billion in E&O losses over 2007, 2008 and 2009, approximately $2.2… [read post]
29 Jan 2020, 5:48 am
Posted by Carl E. [read post]
2 May 2013, 1:14 am
If the German insurance industry would not have simply had assumed the American designation and had instead rather taken the German two-tier board system into account, the German product designation more precisely had better been labeled as Insurance for Supervisory and Executive Board Members – S&E rather than D&O Insurance. [read post]
17 Nov 2023, 6:31 am
The Insurers first appointed Courtney E. [read post]
25 Nov 2013, 12:12 am
Insurers whose policies have this broad preamble will seek to apply the exclusion broadly, to sweep in a broad range of disputes involving the insured company’s operations. [read post]
9 Jan 2014, 12:10 am
In both cases, directors of the failed companies seek access to their company’s D&O insurance in order to defend themselves from claims following in the wake of their company’s failures. [read post]
6 Jul 2011, 1:14 am
In a sweeping July 1, 2011 opinion in MBIA’s favor, the Second Circuit held that the company’s D&O insurance policies cover the investigative and special litigation expense the company incurred during a regulatory investigation of its accounting practices. [read post]
18 Dec 2017, 2:37 pm
Carbondale Glen Lot E-8, LLC, No. 15-cv-02025-RPM, 2016 WL 9735743, at *1 (D. [read post]
8 Apr 2010, 6:49 am
He will tell you some of the following: A plaintiff who prevails against an insurance company may obtain: a) actual damages b) additional damages if the insurance company acted knowingly c) court costs d) attorney's fees e) other monies depending on the wrongful act This article will deal just with one potential recovery, that being, the actual damages. [read post]