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Tough economic times serve as a reminder to review your D&O policy
- Bricker & Eckler LLP
- -
- USA
- -
- August 28 2009
In tough economic times, organizations need the expertise of their directors and officers to help weather the storm
Administrative Appeals Tribunal overturns APRA Ban of Robert Stitt QC
- Piper Alderman
- -
- Australia
- -
- September 1 2009
Mr Stitt was a non executive director of HIH Insurance Limited and a member of the Audit and Human Resources sub committees to the HIH Board
Ninth Circuit holds I v. I exclusion does not bar coverage; declines to determine exact meaning of “assistance”
- Wiley Rein LLP
- -
- USA
- -
- March 11 2008
The United States Court of Appeals for the Ninth Circuit, applying California law in an unpublished opinion, has held that a D&O insurer could not deny coverage based on an I v. I exclusion, even though two officers of the company provided information to an underlying plaintiff
Enhanced remedies available to seniors asserting California UCL claims
- Jorden Burt LLP
- -
- USA
- -
- September 7 2009
Senior citizen James Clark filed suit against National Western Life Insurance Company in 2004, alleging that deceptive business practices induced him and a class of other California senior citizens to purchase high-commission annuity contracts with large surrender penalties in violation of, among other things, California’s Unfair Competition Law (the UCL
Breach of notice provision precludes coverage under a claims-made policy, even in absence of prejudice
- Wiley Rein LLP
- -
- USA
- -
- March 11 2008
The United States District Court for the Western District of Pennsylvania, applying Pennsylvania law, has held that a D&O policy does not afford coverage where the insured failed to provide notice of a claim under the policy, irrespective of whether the insurer was prejudiced
I v. I exclusion bars coverage where security holder assisted by an insured
- Wiley Rein LLP
- -
- USA
- -
- March 11 2008
The United States District Court for the District of Massachusetts, applying Massachusetts law, has held that the insured vs. insured exclusion in a D&O policy precludes coverage for a lawsuit brought by a former security holder of the insured company with the assistance of a director of the company where the security holder owned stock and warrants at the time the operative claim was first made
Illinois Appellate Court finds insurance company not obligated to defend agents who retained and used company’s trade secrets in violation of agency agreement
- Seyfarth Shaw LLP
- -
- USA
- -
- April 9 2008
The Illinois Appellate Court affirmed a ruling granting summary judgment to American Family Mutual Insurance Company on its declaratory judgment action seeking a determination that it has no duty to defend the insured defendants in an underlying trade secret misappropriation action the company brought in federal court
New assessments required of financial corporate leaders
- McMillan LLP
- -
- Canada
- -
- June 2 2009
In February of last year, the primary Canadian regulator of financial institutions, the Office of the Superintendent of Financial Institutions ("OSFI"), released a new guideline to be followed by federally regulated entities operating in the Canadian financial sector, including banks, trust and loan companies, cooperative credit associations, insurance companies, branches of foreign banks and branches of foreign insurance companies
Delaware Supreme Court rejects “no loss” argument even though directors indemnified by uninsured shareholder
- Wiley Rein LLP
- -
- USA
- -
- August 13 2007
The Delaware Supreme Court, applying California law, has held that directors incurred "Loss" despite full indemnification of the insureds by a company's controlling shareholder
APRA’s ban of prominent lawyer overturned
- Piper Alderman
- -
- Australia
- -
- September 15 2009
The decision had disqualified Robert Stitt QC from acting as a director or senior manager of an Australian general insurance company
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