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With increased prosecutorial and regulatory focus directed at holding individuals to account and the steady drumbeat of private shareholder litigation aimed at individual defendants, adequate insurance coverage for officers and directors is indispensable for corporate executives and directors. But generous policy limits may provide false comfort. Southern District Judge Paul Engelmayer’s decision in XL Specialty Insurance v. Level Global Investors,1 serves as a warning that the conduct of a single covered individual can jeopardize coverage for the entire group of insureds in a way few might have anticipated.

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