2010 was an eventful year in the world of D&O liability. Congress passed massive financial reform legislation, the Supreme Court issued landmark decisions in important cases and numerous claims emerged as the litigation landscape continued to evolve. With so much going on, it is a challenge to narrow the year’s events down to just the ten
Guest Post: Dan Bailey on the “No Broader than Underlying” Excess Provision
As reflected in detail below, noted D&O maven Dan Bailey of the Bailey & Cavalieri law firm has submitted the following guest blog post in response to an earlier guest post on this site. I would like to thank Dan for his willingness to have his comments published here. Dan’s guest blog post is as
D&O Insurance: Disgorgement of Contingent Commissions Not Covered “Loss”
An insurance broker’s settlement of claims for disgorgement of undisclosed contingent commissions does not represent covered loss under a combined lines professional liability insurance policy, according to a December 3, 2010 decision of the Illinois (Cook County) Circuit Court. A copy of the December 3 opinion can be found here.
Background
Aon Corporation
R-T Specialty, LLC Acquires Oakbridge Insurance Services, LLC
R-T Specialty, LLC Acquires Oakbridge Insurance Services, LLC
Acquisition Broadens RT’s Presence in the Executive and Professional Liability Segment
Oakbridge is one of the nation’s leading specialty insurance intermediaries with extensive experience and exclusive focus on executive and professional liability exposures and insurance solutions. The company was organized in 2005
Can a D&O Insurer Seek to Recoup Prior Settlement Payments from Its Own Insured?
Settlement is the critical goal in every claim that cannot be resolved otherwise. It terminates the open dispute, it provides the parties with finality, and, perhaps, most importantly, it provides the parties with repose. After a settlement is final, everyone is free to get on with their lives.
Notwithstanding these fundamental settlement values, are
D&O Insurance: Actions and Allegations in an “Insured Capacity”
Directors and officers can expect their company’s D&O insurance policy to provide them with a claim defense, but only for claims against them for actions made while they are acting in an "insured capacity." The question is whether the determination of the capacity in which the individual was acting depends on the claimant’s allegations, or
Guest Post: The Unpredictable Consequences of “No Broader than Underlying”
I am pleased to reproduce below the latest guest post submission. This post has been submitted by John Iole, a partner in the Pittsburgh office of the Jones Day law firm. In submitted this post, John emphasized that "comments expressed are those of the author and do not necessarily represent the views of Jones
Does D&O Insurance Undermine the Deterrence Effect of Securities Litigation?
All too often, the securities class action litigation process seems like a complicated and costly mechanism for transferring large amounts of money to the lawyers involved but only small amounts to the aggrieved investors, all at the expense of the D&O insurers. It is hard not to wonder sometimes what the whole process accomplishes, other
Executive Protection: D&O Insurance – Limits Selection and Program Structure
In a series of posts, I have been exploring the “nuts and bolts” of D&O insurance. In this post, the seventh in the series, I examine the perennial questions of limits selection and program structure – that is, how much insurance is enough, and how should the insurance be structured? As explained below, these two
Insights: “What to Watch Now in the World of D&O”
The astonishing pace of legislative and judicial changes – just over the last few months alone – underscores how rapidly the liability exposures in the directors and officers arena can be transformed. In the latest issue of InSights (here), I take a look at the current hot topics in the world of directors&rsquo