Tag: D&O Insurance

Delaware Court Holds D&O Insurance Covers Fraudulent Transfer Claim Settlement | The D&O Diary

In the latest development a long-running D&O insurance coverage dispute, a Delaware Court has held that Verizon’s D&O insurance program covers the company’s $95 million settlement of a bankruptcy Trustee’s fraudulent transfer claim. In reaching this conclusion, the Court held, among other things, that the fraudulent transfer claim was a “Securities Claim” within the meaning of Verizon’s primary D&O insurance…

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In Lieu of D&O Insurance, Musk Agrees to Provide Tesla with “Coverage” | The D&O Diary

On April 28, 2020, Tesla filed with the SEC an amendment to its annual 10-K filing (here). The amendment addresses a number of corporate governance and executive compensation issues. In a section of the filing with the heading “Director Independence,” the company discloses that: Tesla determined not to renew its directors and officers liability insurance policy for the 2019-2020 year…

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Does a Directors and Officers Insurance Policy Cover the Settlement of Criminal Charges? | Insurance and Reinsurance Disputes Blog

Directors and Officers (“D&O”) insurance policies cover individuals and entities for a wide variety of claims for “wrongful acts.”  Many D&O policies provide coverage for claims based on criminal proceedings.  When criminal charges are settled against corporations and officers, very often the settlement includes fines, penalties, cost of investigation and other payments.  Are these payments covered under the D&O policy? …

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“Increasingly Likely” Climate Change Liability Risks | The D&O Diary

… In connection with the event, on July 11, 2019 the Clyde & Co law firm published an excellent, comprehensive paper on climate change developments and risks, entitled “Climate Change: Liability Risks for Businesses, Directors and Officers – The Coming Wave of Litigation” (here). This paper provides an overview of the challenges that businesses face as a result of climate…

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Why Corporate America Needs a Strong D&O Insurance Market | The D&O Diary

It does not take a psychic to understand the title of this article.  But maybe it takes one more phrase to make the title complete: “because of the increase in securities litigation, the increase in enforcement activity by the SEC, Cybersecurity issues (and their regulatory issues) and the general uncertainties of the political environment in the United States.” What do…

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