Don't Let The Insurance Companies Stop Payment of Your Defense Costs

Corporate Counsel

PUBLISHED ON: December 30, 2003

Download PDF

This article originally appeared in Anderson Kill's Executive Insurance Alert (Winter 2003/2004).

Advancement of defense costs, on a monthly or quarterly basis, is one of the most important rights provided to any policyholder in a Directors and Officers insurance policy. Recently, insurance companies have been attempting, however, to block such payments based solely upon the assertion that the policyholder made a misrepresentation in the policy application (which you as an outside director did not see, review or sign). Can D&O insurance companies negate such payments based upon mere assertions alone?

Related People

Insurance Recovery Attorney | Anderson Kill P.C.
Cort T. Malone
New York
Of Counsel | Anderson Kill P.C.
R. Mark Keenan
Of Counsel
New York

Related Practice Areas

Related Publications