Tag Archives: D&ampampO

Kiwi Surprise: D&O Insurance Defense Cost Protection Unavailable When Prospective Claims Exceed Policy Limits

One of the primary purposes for which policyholders purchase D&O insurance is to provide directors and officers with defense cost protection in the event claims are made against them. However, a September 15, 2011 decision by a justice of the … Continue reading

Posted in Corporate Law | Tagged , , , , , , , , , , , , | Leave a comment

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 insured … Continue reading

Posted in Corporate Law | Tagged , , , , , , , | Leave a comment

Lehman Execs Seek $90 Million in D&O Insurance for Securities Suit Settlement

In a development that undoubtedly will attract comment and controversy, fourteen former Lehman Brothers executives – including former Lehman Chairman and CEO Dick Fuld (pictured) –have reached an agreement to settle the consolidated securities class action litigation that has been … Continue reading

Posted in Corporate Law | Tagged , , , , , , , , | Leave a comment

D&O Insurance: Non-Party Employee Witnesses' Attorneys' Fees Held Covered

When corporate officials face an SEC enforcement action, the testimony of non-party corporate employees is sometimes required. The insurance question that may arise when this happens is whether the attorneys' fees incurred in connection with these witnesses' testimony is covered … Continue reading

Posted in Corporate Law | Tagged , , , , , , , , | Leave a comment

A Couple of Links for the Second Day of the PLUS D&O Symposium

The storm has passed and the sun is shining down on chilly Times Square for the second day of the PLUS D&O Symposium. For those at the conference and for those stranded at home by the weather, I wanted to … Continue reading

Posted in Corporate Law | Tagged , , , , , | Leave a comment