Recent Posts

When the D&O Insurer Denies Coverage
Posted on 7 Aug 2013 by Kevin M. LaCroix

A D&O insurer’s denial of coverage for a claim against corporate officials can leave the individuals in a very difficult position, as illustrated by a recent high-profile case in the U.K. According to an August 4, 2013 Financial Times article... Read More

D&O Insurance: Providing Coverage for Plaintiffs' Fee Awards?
Posted on 30 May 2013 by LexisNexis Communities Staff

A recurring D&O insurance coverage issue is the question of whether or not the D&O insurance policy provides coverage for a plaintiffs' fee award. The question often arises in the context of a settlement of a shareholders' derivative... Read More

D&O Policy Excluding “Receiver” Claims Bars Coverage for FDIC Failed Bank Lawsuit
Posted on 22 Apr 2014 by Kevin M. LaCroix

In an interesting April 7, 2014 opinion ( here ), Magistrate Judge Stanley A. Boone of the Eastern District of California, applying California law, held that a D&O insurance policy’s insured vs. insured exclusion precludes coverage for claims... Read More

Second Circuit: Excess D&O Insurance Not Triggered When Underlying Carriers Are Insolvent, Even If Loss Exceeds Excess Attachment Point
Posted on 5 Jun 2013 by Kevin M. LaCroix

On June 4, 2013, the Second Circuit, in an insurance coverage action involving the defunct Commodore International computer company, affirmed that excess D&O insurance is not triggered even if losses exceed the amount of the underlying insurance... Read More

Directors and Officers Held Personally Liable for Bankrupt Company's Environmental Liabilities
Posted on 15 Nov 2013 by Kevin M. LaCroix

In a case that has important implications for the potential liabilities of individual directors and officers, on October 28, 2013 twelve former directors and officers of bankrupt Northstar Aerospace agreed to pay a total of $CAN 4.75 million to the Ontario... Read More