10th Circuit Certifies Late Notice and Reporting Questions to Colorado Supreme Court

In its recent decision in Craft v. Philadelphia Indem. Ins. Co ., 2014 U.S. App. LEXIS 2680 (Feb. 11, 2014), [ enhanced version available to lexis.com subscribers ], the United States Court of Appeals for the Tenth Circuit, applying Colorado law, had occasion to consider whether Colorado’s notice...

Directors' and Officers' Insurance and Its Role in Government Investigations

By Richard W. Westling and Mark M. Bell In Directors’ and Officers’ Insurance and Its Role in Government Investigations, authors Richard W. Westling and Mark M. Bell point out that the number, scope, and breadth of government investigations have increased dramatically. The cost of responding...

Does a D&O Policy That Expressly Covers Antitrust Claims Exclude Antitrust Damages?

By Seth Lamden According to the court in William Beaumont Hospital v. Federal Insurance Co ., No. 13–1468 (6th Cir. Jan. 16, 2014) [ enhanced version available to lexis.com subscribers ], the answer is "no." The court in that case held that a hospital's settlement of a private...

When Whistleblowers Strike, Give a Little Whistle for D&O Insurance

Anderson Kill presents its 11th annual D&O seminar: When Whistleblowers Strike, Give a Little Whistle for D&O Insurance When: Wednesday, April 09, 2014, 3-5 p.m.; cocktail reception follows Where: The Westin Times Square, 270 West 43rd Street - New York, NY Price: Free Whistleblower suits...

D&O and Professional Liability 2013 - A Year In Review

Troutman Sanders is pleased to announce the release of 2013 | A Year In Review . This free annual publication by the Insurance Section highlights many of the key decisions delivered in 2013 by courts in nearly every jurisdiction of the country regarding a number of topics of significance to D&O and...

Halliburton Decision May Drive Up Litigation Costs and Impact Settlement

The U.S. Supreme Court’s recent decision in Halliburton Co. v. Erica P. John Fund, Inc. , [ enhanced version available to lexis.com subscribers ], is not the game changer for securities litigation that some hoped for, but D&O insurers will be keeping a close eye on securities cases to see whether...

D&O Coverage: The Devil Is In the Details

A five-paragraph opinion by the New York Appellate Division suggests the potentially devastating consequences of ignoring the fine print of Directors & Officers Liability insurance policies. In Associated Community Bancorp., Inc., et al. v. St. Paul Mercury Ins. Co. , 2014 NY Slip Op 04697 (App....

Final Adjudication of Regulatory Enforcement Actions and Its Effect on D&O Insurance Coverage: Recent Developments

By Gregory J. May, Partner, Nelson Mullins Riley & Scarborough LLP In the wake of the 2008 crash, federal regulators, including the Securities and Exchange Commission ("SEC") and the Federal Deposit Insurance Corporation ("FDIC"), have markedly increased their investigation...