Litigation

D & O Coverage Exclusions

By Francis G. X. Pileggi, Esq.

The Harvard Law School Corporate Governance Blog here has a summary and discussion by Joseph McLaughlin from Simpson Thacher & Bartlett LLP, of a recent decision that addresses whether a misrepresentation or omission by one officer or director in an application for D & O coverage, can serve as a basis to exclude coverage for an "innocent" director who did not participate in the failure to complete the application properly.  Specifically, the issue involved was: "to what extent one insured's knowledge of application misrepresentations can be imputed to other insureds with a 'prior knowledge' exclusion" in policies.

This is an example of why D & O coverage is not always sufficient protection for directors. Anyone interested in the latest developments in D & O coverage, should read Kevin LaCroix's The D & O Diary .

Full post as published by Delaware Corporate and Commercial Litigation Blog on April 26, 2009 (boomark / email).