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Browse By Tags
bank failures
civil fraud actions
corporate governance
coverage exclusions
cybersecurity
D and O insurance coverage
directors and officers
directors and officers liability
failed bank litigation
FDIC
health care providers
indemnification
IndyMac
insurance coverage
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shareholders derivative action
Kevin M. LaCroix
over 7 years ago
Bankruptcy
Bankruptcy Law Blog
D&O Insurance: Debtor-in-Possession Claims and the Insured vs. Insured Exclusion
The traditional Insured vs. Insured exclusion found in many D&O insurance policies is a frequent source of claims disputes, particularly in the bankruptcy context . As its name suggests, the Insured vs. Insured exclusion precludes coverage for claims...
Kevin M. LaCroix
over 8 years ago
Corporate
FCPA & Compliance Law Blog
Private Companies: Risks, Exposures and Insurance
In general, and at least in the United States, executives at public companies don’t need to be convinced that their companies need to have D&O insurance. That is not always true with officials at private companies. Some officials at some private...
Kevin M. LaCroix
over 6 years ago
Corporate
FCPA & Compliance Law Blog
Another U.S. Securities Suit Arising From Overseas Corruption Investigation
In an earlier post , I noted that a significant factor driving securities litigation filings so far this year has been the rising number of U.S. securities lawsuits involving non-U.S. companies. A number of different factors are contributing to the filing...
Kevin M. LaCroix
over 9 years ago
Insurance Law
Business Liability Insurance
Comfort Orders in Bankruptcy Court To Advance Defense Costs for Directors and Officers Insurance
After entity coverage began to be added to the D&O insurance policy a couple of decades ago, a recurring problem in the bankruptcy context was whether or not the D&O policy proceeds were property of the estate under Bankruptcy Code Section 541...
Kevin M. LaCroix
over 7 years ago
Corporate
Corporate Law Blog
D&O Insurance: Professional Liability Exclusion Precludes Coverage for D&O Claims Against Ponzi Schemer’s Bank
In a coverage dispute arising out of the long-running Rothstein Ponzi scheme scandal , a Southern District of Florida judge, applying Florida law, has held that the professional services exclusion in the Rothstein bank’s D&O insurance policy...
Kevin M. LaCroix
over 10 years ago
Corporate
Corporate Law Blog
Lehman Underwriters Agree to $417 Million Securities Suit Settlement
With the addition of a $417 million settlement involving Lehman Brothers' offering underwriters, the pending settlements in the Lehman Brothers securities class action lawsuit now total $507 million. Nate Raymond's December 6, 2011 Am Law Litigation...
Kevin M. LaCroix
over 10 years ago
Corporate
Corporate Law Blog
D&O Insurance: When Can Individuals' Fraudulent Misconduct be Imputed to the Insured Entity?
The typical D&O insurance policy precludes coverage for loss arising from fraudulent misconduct. But when an insured has been convicted of fraud, whose coverage is precluded? In the second case in recent days to address the consequences for the...
Kevin M. LaCroix
over 8 years ago
Corporate
Corporate Law Blog
First Circuit: D&O Insurer Must Advance Failed Bank Directors and Officers’ Defense Expenses
In an interesting March 31, 2014 opinion ( here ), the Unites States Court of Appeals for the First Circuit, applying Puerto Rico law, affirmed a district court’s ruling that the D&O insurer for the failed Westernbank of Mayaguez, Puerto Rico...
Kevin M. LaCroix
over 7 years ago
Corporate
Corporate Law Blog
Criminal Proceedings, D&O Insurance and Corporate Indemnities
Here’s the scenario: A former company CEO faces criminal charges for alleged bribery in which he was involved while he was at the company. The company’s D&O insurance provides funding for his defense, but the amount of the insurance available...
Kevin M. LaCroix
over 7 years ago
Corporate
Corporate Law Blog
Next Up: A Home Depot Data Breach-Related D&O Lawsuit?
After claimants filed shareholders’ data breach-related derivative suits against the boards of Target ( here ) and Wyndham Worldwide ( here ), a number of commentators (including me) asked whether we could see a wave of cybersecurity related D&O...
Doug Esten
over 7 years ago
Corporate
Corporate Law Blog
D&O Insurance: The Basic Value Proposition
I make it my business on this blog to try to write about the latest developments and current trends in the world of D&O, but I think that every now and then it is a good idea to step back and take a look at the bigger picture. For example, let’s...
Kevin M. LaCroix
over 10 years ago
Corporate
Corporate Law Blog
D&O Insurance: When is a Claim First Made?
Most management liability insurance policies these days are written on a claims made basis - -that is, they cover claims that are first made during the policy period. But what determines when a claim is first made? A February 15, 2012 decision from...
Kevin M. LaCroix
over 7 years ago
Corporate
Corporate Law Blog
Thinking About Excess D&O Insurance
In many cases, companies’ D&O insurance programs are structured in several layers, with one or more policies of excess of insurance written over top of a primary layer. The excess insurance is often said to be written on a “follow form”...
Kevin M. LaCroix
over 7 years ago
Corporate
Corporate Law Blog
Will Investors Sue Over the Sony Hack Attack?
As I noted in my recent rundown of the top D&O stories of 2014, one of the most important developments during the year just finished was the emergence of cyber security as a D&O liability concern. During 2014, plaintiff shareholders launched cyber...
Kevin M. LaCroix
over 6 years ago
Corporate
Corporate Law Blog
Defense Costs Paid Under Reservation of Rights Do Not Erode Fiduciary Liability Policy’s Limit of Liability?
As part of our beat here at the The D&O Diary , we read a lot of judicial opinions. We are quite accustomed to the fact that the case outcomes can be and often are all over the map. Just the same, every now and then we read a decision that really...
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