In the following guest post, Evan Bundschuh considers whether recent developments in corporate governance and D&O insurance policy design are altering the traditional role of standalone Side A Difference-in-Conditions (DIC) insurance. Evolving policy forms and changing liability exposures raise important questions about the continuing role and value of standalone Side A DIC coverage. The article includes contributions from The D&O Diary co-author Sarah Abrams. Evan is Vice President at GB&A, a retail insurance brokerage in New York. Our thanks to Evan for allowing us to publish the article on this site. Here is the article.

Continue Reading Has Side A DIC Risk Changed? Broader D&O Coverage and Emerging Exposures 

Back in 2015, the California Legislature enacted Labor Law Section 558.1, making an “other person” acting for an employer (defined as any natural person who is owner, director, officer, or managing agent of the employer) who causes the employer to violate the state’s wage and hour laws liable as the employer for the violation. As I noted at the time, this new statutory provision, which created personal liability for individuals for the employer’s wage law obligations, was quite controversial. However, as noted in a December 21, 2018 post on the Sheppard Mullin law firm’s Labor & Employment Law Blog entitled “Managers Beware: Can You Be Held Personally Liable for Wage and Hour Violations” (here), a California appellate court recently confirmed that “even in the absence of this new section, the labor code imposes personal liability” for California minimum wage and overtime violations.
Continue Reading Personal Liability for Corporate California Wage and Hour Violations?

Peter Gillon

Eric Gold

In the following guest post, Peter Gillon and Eric Gold of the Pillsbury Winthrop Shaw Pittman law firm take a look at one of important drop down features of Side A DIC insurance coverage, the coverage that is triggered when an underlying carrier denies coverage. I would like to thank Peter and Eric for their willingness to allow 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 Eric’s guest post.
Continue Reading Guest Post: The D&O Cramdown: Triggering Side A DIC Coverage When an Underlying D&O Carrier Declines Coverage