News and Insights

Spring 2019

Recent Developments in Insurance Coverage

Washington, D.C.-based attorneys Jeffrey Ward, Charles Chotvacs and Jason Reichlyn in Dykema’s Insurance Industry Group authored the article, “2018 Case Review: Notable D&O and Bad Faith Decisions”…

8.21.26

California Federal Court Holds Insured v. Insured Exclusion Bars Coverage for Shareholder Derivative Action Brought by Former Director

A D&O policy’s insured v. insured exclusion applies to a derivative action where the shareholder plaintiff was briefly a director of the insured company, according to the United States District Court…

8.12.26

Delaware Superior Court Holds Bump-Up Clause Bars Coverage for Merger Settlement

A D&O policy’s bump-up clause bars coverage for a shareholder class settlement that effectively increased merger consideration, according to the Delaware Superior Court’s ruling in MSG Networks Inc.…

6.10.26

New Jersey Supreme Court Holds Capacity Exclusion Applicable to Dual Capacity Claims

A D&O policy’s capacity exclusion bars coverage for claims alleging that an insured director or officer acted in a dual capacity for insured and uninsured entities, according to the Supreme Court of…