Tag Archives: priority of payment

D&O Insurance: Company in Receivership, Insurer Can Advance Defense Expense, But Limits Exhausted?

An issue that frequently comes up when companies are in bankruptcy or in other forms of receivership is whether the companies’ D&O insurer can advance payment of individuals’ defense costs over the receiver’s objections. In a recent case, a Northern District of Texas judge has ruled that the individual defendants in an SEC enforcement action … Continue Reading

Bankruptcy Court: D&O Insurance Available for MF Global Executives’ Defense, Without Restriction

On September 4, 2014, in the latest in a series of rulings on the issue of whether MF Global’s D&O insurers may pay the defense expenses the company’s former officers and directors are incurring in the various lawsuits pending against them, Southern District of New York Bankruptcy Judge Martin Glenn held that the insurers may … Continue Reading
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