In a recent New Jersey appellate decision entitled Somerset Med. Ctr. v. Exec. Risk Indem., Inc., 2010 N.J. Super. Unpub. LEXIS 605, A-6214-08T2 (App.Div. Mar. 22, 2010), the court was faced with the question of whether a bodily injury exclusion in Somerset Medical Center’s directors and officers liability insurance policy excluded coverage for the negligent hiring and supervision of a [...]
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Tagged as:
D&O insurance,
insurance coverage,
insurance recovery,
negligent hiring,
new jersey,
Somerset Med. Ctr. v. Exec. Risk
In Abercrombie & Fitch Co. v. Federal Insurance Company, Case No. 09-3096 (decided March 11, 2010) (unpublished in full-text), the Sixth Circuit Court of Appeals affirmed the District Court’s order requiring an insurer to advance defense costs under a directors’ and officers’ (“D&O”) policy, notwithstanding an assertion that the policyholder breached its duty of cooperation [...]
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Abercrombie & Fitch Co. v. Federal Insurance Company,
advancement of defense costs,
D&O insurance,
duty of cooperation,
Federal Insurance Company,
other insurance clause,
Sixth Circuit
A recent decision from Judge Berman in the United States District Court for the Southern District of New York, MBIA v. Federal Insurance, Case No. 08 Civ. 4313 (RMB) (decided Dec. 30, 2009), represents one of the first judicial forays into the white-hot issue of directors’ and officers’ (“D&O”) insurance coverage for the defense costs [...]
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Tagged as:
D&O insurance,
directors and officers,
duty to advance defense costs,
Duty to defend,
entity coverage,
Federal Insurance Company,
Investigative Costs Coverage,
MBIA,
shareholder derivative action,
special litigation committee,
sublimit
