A Securities Litigator’s Guide To D&O Insurance, Part II

Law360, New York (October 19, 2010, 2:27 PM EDT) -- In Part I of this two-part series, the article focused on basic coverage issues confronting defense counsel in securities litigation. This article, Part II, discusses some barriers that may stand in the way of securing payment from directors and officers insurers of defense costs and settlements and judgments.

Application Misrepresentations

Even if all of the obstacles to basic coverage are overcome, a director or officer may lose coverage if a material misrepresentation was made in the application for the policy. D&O insurance policies typically provide that...
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