What is the general issue? Why this is important now?
Claims from Stockholders, clients and/or employees against companies, and directors and officers of companies, are reported in the news in large numbers. These days, most Officers demand that they be covered for such claims, rather than potentially putting their owner personal assets at stake. It is important from both the plaintiff and defense perspective to have a current and complete understanding of the field of D&O insurance.
Who will be most interested in this program?
Policyholder and Insurer Attorneys
In-house counsel for corporations and non-profit organizations
Insurance Company Personnel
Insurance Brokers
What core concepts will be addressed?
1. Description of what constitutes a claim
2. Side A, Side B and Side C coverage and defense obligations
3. Stacking of coverage
4. Interrelated wrongful acts
5. Loss, disgorgement and restitution
6. Allocation between covered and uncovered claims and parties
Key Learning Objectives:
Participants of this webinar will achieve the following:
1. Gain an understanding of the complex issues that are most important to policyholders in the realm of D&O insurance litigation, as well as how they should be advised and counseled with respect to D&O insurance.
2. Secure a complete understanding of the most important issues facing insurers and lawyers who represent insurers in the D&O insurance arena.
3. Learn all of the key components of D&O coverage litigation based on the top cases and decisions.
4. Leave with an appreciation of the complex nature of the terms and specific facts of most cases and how critical it is to be up to date on all of the critical issues.
Program Agenda:
1) Top Issues for Policyholders: Hear the Policyholder and Insurer Perspective on the Issues Most Critical to Policyholders
a. How is a claim defined and when is a claim first made?
b. Defense obligation Does the insurer have a duty to provide a defense or pay for the defense?
c. Advancement requirement
d. Stacking issues: When do you get out of one layer of coverage and get into another?
e. What coverage is available for an entity under a D&O policy?
2) Top Issues for Insurers: Get Both the Insurer and Policyholder Perspectives on the Issues that are a Critical Focus of Insurers
a. When is a claim made?
b. Does the policy apply to related acts?
c. Loss, disgorgement and restitution, including a discussion on the personal profit exclusion.
d. Allocation between covered and uncovered claims
e. Allocation between covered and uncovered parties
f. Analysis of Side A, Side B and Side C coverage
3) D&O Coverage Analysis As Applied to Non-Profits
a. Language similar to traditional D&O insurance policy language is often used in policies issued to educational institutions and non-profits. Does the same analysis therefore apply to these policies?
4) Question and Answer Session
If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance. Credit totals for other formats are for complete programs. Partial credit is not available for any online or downloadable format.
West LegalEdcenter will not provide accreditation for states not listed.
This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing west.wlec-sales@thomson.com.
