2017 was a busy year for courts addressing a wide variety of directors and officers and professional liability insurance coverage issues. Twenty-nine federal courts of appeals, four state supreme courts and dozens of other courts applying the law of 27 states issued notable decisions in this arena. We hope you find the following selection of cases helpful and informative, as we focused on topics we believe will continue to be important in the directors and officers and professional liability insurance field.
The topics covered in this report include:
- Related Claims
- Prior Knowledge, Known Loss and Rescission
- Prior Acts, Prior Notice, and Pending and Prior Litigation
- Dishonesty 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
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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.
