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Expert Analysis

Lessons For D&O Policyholders From Pharma Co. Ruling

By Craig Hirsch, Tae Andrews and Stephen Wah (March 1, 2024, 4:20 PM EST) -- Providers of directors and officers insurance often argue their duty to pay attorney fees depends on whether a claim against an insured is actually covered. The insurers claim that the long-standing principle that an insurer's "duty to defend" is much broader than its "duty to indemnify," requiring a defense of an insured if a claim is even potentially covered, is inapplicable to standard D&O policies....

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