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D&O and Professional Liability - 2018: A Year in Review


Richard J. Pratt

Brandon D. Almond

Jenni K. Katzer

2018 once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. Twenty federal courts of appeals, four state supreme courts, and dozens of other courts applying the law of 35 states issued notable decisions in this arena. We focused on topics we believe will continue to be important in the directors and officers and professional liability insurance field, and hope you find the following selection of cases to be informative and helpful. (Please note the cases are organized within each topic alphabetically by the state law applied).

The topics covered in this report include:

  • Notice
  • Related Claims
  • Prior Knowledge, Known Loss and Rescission
  • Prior Acts, Prior Notice, and Pending and Prior Litigation
  • Dishonesty and Personal Profit Exclusions
  • Restitution, Disgorgement and Damages
  • Insured Capacity
  • Insured v. Insured Exclusion
  • Contractual Liability
  • Professional Services
  • Independent Counsel
  • Advancement of Defense Costs
  • Allocation
  • Recoupment
  • Consent

Click here to access your copy and feel free to pass this report on to your contacts who may have an interest in its content.