Troutman Sanders is pleased to announce the release of 2016 A Year In Review. This free annual publication by the Insurance Section highlights many of the key decisions delivered in 2016 by courts in nearly every jurisdiction of the country regarding a number of topics of significance to D&O and professional liability insurers. The comprehensive report is a must-read for claims personnel and others in the industry and undoubtedly will serve as a useful and convenient resource to you and your team.
2016 again saw numerous courts address a wide variety of notable directors and officers and professional liability insurance coverage issues. Twenty-nine federal courts of appeals, five state supreme courts, and dozens of other courts applying the law of 36 states issued decisions involving numerous types of insurance policies. We hope you find the following selection of cases helpful, as we focused on issues we believe will be important in the directors and officers and professional liability insurance field for years to come.
The topics covered in this report include:
- Related Claims
- Prior Knowledge, Known Loss and Rescission
- Prior Acts, Prior Notice, and Pending and Prior
- LitigationDishonesty and Personal Profit Exclusions
- Restitution, Disgorgement and Damages
- Insured Capacity
- Insured v. Insured Exclusion
- Contractual Liability
- Professional Services
- Independent Counsel
- Advancement of Defense Costs
- Allocation
- Recoupment
- Consent
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.