Federal and state courts have issued noteworthy decisions this year addressing important issues concerning corporate indemnification rights and directors and officers liability insurance policies. This column examines recent decisions addressing: (i) indemnification rights after corporate insolvency or a change of control; (ii) the circumstances under which a D&O policy requires an insurer to fund defense costs on a current basis; (iii) when an insurer may rescind a D&O policy even as to “innocent” insureds based on misrepresentations in the insurance application; and (iv) whether a demand for plaintiffs’ attorneys’ fees may constitute covered damages arising from an underlying claim for non-monetary relief. The 9th U.S. Circuit Court of Appeals’ opinion on covered damages highlights the risk to insurers of defining key policy terms in serpentine sentences that impair clear expression.


This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]