SDV Insights

Directors and Officers Insights

Nevada Update: Nevada Commissioner of Insurance Updates Burning Limits Statute with Emergency Regulation

Following significant backlash in reaction to the Nevada legislature's new law prohibiting enforcement of any provisions in liability insurance policies dictating that defense costs are included within the limits of insurance, the Nevada Division of Insurance issued an emergency regulation further clarifying the law.

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Federal Judge Ordered that D&O Liability Insurer is Liable for $4.5 Million for Arbitration Defense Costs

The Southern District of New York recently ordered a directors and officers ("D&O") liability insurer to pay up to $4.5 million to reimburse an insured investment firm for the costs the firm incurred defending an arbitration proceeding brought by a former executive.

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Delaware Doles Out Win For D&O Corporate Fraud Insurance Coverage

A recent Delaware Supreme Court decision addressed two important issues for directors and officers ("D&O") policyholders incorporated in Delaware: 1) As a matter of public policy, whether insurance is available to cover fraudulent conduct by a corporation's directors or officers; and 2) When a D&O corporate liability policy lacks an effective choice of law provision, which state's law should be applied?

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