I have been thinking a lot recently about the development and history of particular aspects of insurance policy language, and how they reflect the continuing efforts of drafters to take language that can often be imprecise and refine it to more accurately reinforce what the insurer actually intends to take on as a covered risk.
Directors and Officers
A Potpourri of Interesting California Insurance Coverage Decisions
By Stephen Rosenberg on
Still on trial, but I did have time this afternoon to read this interesting piece, summarizing a number of interesting appellate decisions over the past year from California courts on a range of insurance coverage issues, running from post-claim underwriting of health insurance to the scope of coverage granted by directors and officers policies. The…
On Directors and Officers Insurance
By Stephen Rosenberg on
Posted in Directors and Officers
Earlier in the week, I promised to pass along over the course of the week some interesting articles on insurance coverage issues that I had been reading, and here we are, the end of the week already, and I haven’t done so, having been waylaid along the way by breaking news like the Ninth Circuit’s…
Disgorgement, Directors and Officers Insurance and the Meaning of Loss
By Stephen Rosenberg on
Posted in Directors and Officers
Ten, twenty years ago, insurance coverage litigation was predominately about broad issues and big ticket items, about the extent of insurance coverage across decades of policies for long term environmental pollution or for tens of thousands of asbestos related bodily injury claims. The actual coverage issues themselves tended to be of a big picture nature…
Directors and Officers Insurance, Backdating and Effective Coverage Counsel
By Stephen Rosenberg on
Posted in Directors and Officers
Sometimes when I give seminars on directors and officers coverage, I like to pass along a story I once heard of a law professor who gives his students what he considers an impossible hypothetical, namely, how would you respond to a client who walks in the door saying that she has been asked to join…
More on Who Should Pay for the Defense of Corporate Officers and Directors
By Stephen Rosenberg on
Posted in Defense Costs, Directors and Officers
Looks like I was not the only one intriqued by the article earlier in the week in the New York Times about companies who stop paying the legal bills of their officers, directors or employees, and the effect it has on the affected individuals. The wired gc talks about it here http://www.wiredgc.com/2006/04/17/corporate-legal-defense-fees-and-cooperation/.
This is…
Funding the Defense of Corporate Directors and Officers
By Stephen Rosenberg on
Posted in Defense Costs, Directors and Officers
Directors and officers policies generally require an insurer to pay the defense costs incurred by a covered corporate officer when a claim is made against her or him. The insurer in that circumstance does not actually provide a defense, but instead, under the terms of the policies, normally must reimburse either the officer for his…