I have been following Nevada law since 1987 when it followed Delaware by enacting a statute allowing Nevada corporations to include an exculpation provision in their articles of incorporation.  The original statute was an "opt-in" statute and unlike Delaware's allowed for the exculpation of officers as well as directors.  Delaware would not allow exculpation of officers for another 15 years.  Since then, Nevada has enacted other liability limiting as well as anti-takeover statutes. 

If Nevada provides greater insulation for directors and officers, one might expect that Nevada corporations would enjoy lower premiums for directors and officers liability insurance.  That is a question that Kevin M. LaCroix tackled yesterday in his D&O Diary blog.  Kevin does not believe that " insurers are adding a Delaware pricing load, or for that matter, applying a Nevada discount".  However, he also asks his readers: 

Should D&O insurers be taking state of incorporation into account as part of the risk selection and pricing process? A great topic for further discussion?

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