News & Analysis as of

Policy Exclusions Chapter 7

Wiley Rein LLP

Relying on Insolvency Exclusion, Second Circuit Finds That D&O Insurer Not Required to Defend Professional Manager Overseeing...

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The United States Court of Appeals for the Second Circuit, applying New York law, affirmed a trial court’s denial of a preliminary injunction seeking to require a D&O insurer to defend a professional manager hired to oversee...more

Dorsey & Whitney LLP

D&O Insurance and the Two Words to Fear: Capacity Exclusion

Dorsey & Whitney LLP on

The Delaware Superior Court recently held in Goggin v. National Union Fire Insurance Co. (which you can read here) that private equity sponsors also serving as portfolio company directors may, under certain circumstances, not...more

Morris James LLP

Delaware Superior Court Applies “But For” Test To Decide In What Capacity A Director Acted

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Goggin v. National Union Fire Insurance Company Of Pittsburgh, PA., C.A.. N17C-10-083-PRW-CCLD (November 30, 2018) - D & O insurance covers actions taken by a director. However, when a director acts on behalf of another...more

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