Delaware Business Court Insider
By Ellen Bardash | January 19, 2022
Several questions centered on policy language barring coverage for claims that are "the same as or related to" each other, not necessarily identical.
By Pamela Woods | December 22, 2021
Although more D&O insurers are including allocation provisions in their policies that they assert require allocation and specific methodology for doing so, insureds should read such provisions carefully and narrowly to determine whether they, in fact, should limit the insurer's promise to cover "all loss."
The Legal Intelligencer | Commentary
By Courtney Horrigan, Stephanie Gee and Kya Coletta | September 9, 2021
This article explores the unique challenges facing SPACs and their sponsors when structuring a D&O liability insurance program.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | June 25, 2021
For this edition of their Corporate Insurance column, Howard B. Epstein and Theodore A. Keyes teamed up with their insurance broker colleagues at Alliant Insurance Services to co-author a discussion of insurance issues associated with the SPAC-related lawsuits, which can be complex because they implicate three separate D&O insurance programs.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | April 14, 2021
Two recent decisions by Delaware courts demonstrate that they are increasing leaning toward the insured's position in disputes over directors and officers (D&O) insurance coverage. As a result, New York companies incorporated in Delaware should consider where to file lawsuits concerning D&O insurance disputes—in Delaware or New York.
Delaware Business Court Insider | News
By Ellen Bardash | March 4, 2021
A Tuesday Delaware Supreme Court decision upholding coverage for Dole Food Co. Inc. marks a win for companies wanting to cash in on directors and officers liability insurance coverage.
Delaware Business Court Insider
By Ellen Bardash | February 26, 2021
Superior Court Judge Eric M. Davis applied a broader definition of the insurance contract term "securities claim" that required coverage in a case over a challenge to a corporate spinoff and merger that was funded by debt instruments.
Delaware Business Court Insider
By Angela Morris | December 11, 2020
Houston lawyers from Vinson & Elkins and Beck Redden were on the defense team that won the fee award.
Delaware Business Court Insider
By Ellen Bardash | September 22, 2020
Rite Aid filed its case against Ace and other insurance companies in April 2019 in the court's Complex Commercial Litigation Division after Ace refused to cover any of Rite Aid's legal costs.
Delaware Business Court Insider | Commentary
By Courtney Horrigan and Stephanie Gee | August 4, 2020
In these times of increased risk to directors and officers, businesses should understand the current trends in the marketplace and the practical steps they can take to best position themselves for a successful renewal.
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