Between the Lines

A Discussion of Case Law and Statutory Law Affecting Commercial Lines of Insurance

Archive for Directors & Officers Category

Posted In: Directors & Officers

D&O Insurer Must Advance Defense Costs for Claim by FDIC

First Circuit Discerns Likelihood of Success That “Insured v. Insured” Exclusion Will Not Apply Appointed as the receiver of a failed bank, the FDIC asserted breach of fiduciary duty claims against…

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Posted In: Directors & Officers

The Devil Is in the Details

D&O Policy May Cover Judgment Against Company for Intentional Misrepresentations During Negotiations Leading To Asset Purchase Agreement Rhode Island District Court Denies Insurer’s Motion to Dismiss After a jury found…

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Posted In: Directors & Officers

Terms that Can Magnify the Power of a D&O Exclusion

In a result that may at first appear harsh, Judge Casper of Massachusetts federal district court has made clear that when an insurance exclusion uses the words “arising out of,”…

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