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Abstract: 

In the wake of recent economic problems, and in light of the enhanced post-Dodd-Frank Act regulatory climate, a review of D&O coverage is a good idea. Banks and financial institutions are not the only companies under the magnifying glass, but they currently face intense scrutiny. The authors recommend that every company assess whether its D&O insurance program will cover the risks that it, and its individual insureds, expect the policy to cover; they identify specific issues to consider when evaluating D&O coverage or defending D&O claims.

Keywords: D&O; insurance; Dodd-Frank Act; SEC; exclusion; exclusionary clauses;  Dedicated Side A Only; assessing D&O coverage; bankruptcy; “in fact” standard; “final adjudication” standard; insured vs. insured clause; severability clause;

Affiliations:  1: K&L Gates LLP; 2: K&L Gates LLP.