Guest Post: Allocation of Defense Costs in D&O Litigation

Peter Selvin Ben Clements In the following guest post, Peter Selvin and Ben Clements take a look at the legal principles involved in the allocation of defense expense under a D&O insurance policy. Peter Selvin is a member of TroyGould PC, and Ben Clements is an associate at the firm. I would like to thank Peter and Ben for allowing me to publish their article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Peter and Ben’s article. ******** Lawsuits involving directors and officers often include claims or parties covered by a D & O policy, as well as claims or parties the D & O carrier deems to be uncovered.  Frequently, these policies include allocation provisions directing the carrier and insured to use their “best efforts” to allocate defense costs incurred in an underlying…

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