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While D&O insurance provides essential liability protection to directors, officers and companies, the claims process is a minefield for policyholders. A risk manager needs to know which policy provisions to insist on and which to avoid as well as how countering typical insurance company defenses once a claim is filed, and how to keep an insurance company on board while settling a suit. This session will cover these essentials. Key policy language issues include “severability” of coverage for insurers not implicated in wrongdoing; priority of payment provisions when multiple parties are all seeking coverage; and the scope of “bad acts” exclusions. Settlement issues include satisfying the insurer’s desire for information and right to “participate” in a settlement, as well as whether settling with the primary insurance company can arguably endanger excess coverage.
This program is being brought to you by Anderson Kill and the New York Chapter in connection with the Professional Exchange of Risk Knowledge, PERK 2017.
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