June 2009

By John N. Ellison and Matthew D. Rosso

Due to recent statutes and case law increasing directors’ and officers’ duties and exposure to potential liability, demand for D&O insurance has increased rapidly in recent years. This increase in demand has led to a significant rise in coverage litigation to define and interpret the language of existing policies. This article discusses a few emerging issues that can arise under D&O policies, and how they can impact policyholders.

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