Description:
Learn the ins and outs of D and O liability insurance and ensure your clients have the coverage they need.
In an era of increased financial risks arising out of data privacy concerns, social media, and political/economic uncertainty, directors and officers must be acutely aware of the potential for alleged and actual liability and the protection that their D and O liability insurance affords to provide for a defense and indemnity for any claim, settlement or judgment.
This material will provide you with insight into current issues and trends in the D and O liability insurance arena and provide guidance regarding common issues that arise during a claim for D and O liability insurance coverage. It will open with a discussion of the liability landscape, focusing on common claims and current issues.
This topic will also address how D and O insurance operates, including a discussion of the coverage sides, coverage add-ons, covered and noncovered conduct, and treatment of defense costs. It will conclude with a discussion of the current issues and trends in the D and O liability environment and issues that may arise in the negotiation and renewal of D and O liability policies.
Areas Covered in the Session:
Liability of Directors and Officers: The Current Landscape
- Current D and O Liability Issues
D and O Liability Insurance Overview
- D and O Insurance for Public and Private Companies
- Scope of Covered Conduct
- Defense Costs Coverage
Hot Topics and Critical Issues
- Restitutionary Damages and Disgorgement Issues
- Coverage for "Investigations"
- Rescission and Severability
- Conduct Exclusions
- Coverage for Punitive Damages
- Bankruptcy-Related Issues
The Policy Negotiation and Renewal Process
- Increased Sophistication/Sensitivity of Officers and Directors
- Negotiating Wording
Looking to the Future
Credit Information (Sponsored by Lorman Education Services):
- CLE
- NALA
Only registered attendee will receive continuing education credit.
Faculty:
Kevin B. Dreher, Reed Smith LLP
- Partner in the Insurance Recovery Group in Reed Smith LLP’s Chicago office
- Practice focuses on commercial litigation with an emphasis on representing policyholders in complex litigation and insurance disputes
- Insurance coverage practice is nationwide and has involved litigation in jurisdictions throughout the United States
- Significant experience representing and counseling Fortune 500 companies in a variety of complex commercial litigation and insurance matters
- Handled disputes in negotiation and litigation with all major U.S. insurers, and London and Bermuda market insurers
- Writes and speaks frequently on insurance coverage and other topics and recognized as a Rising Star in Litigation
- J.D. degree, University of Illinois College; M.A. degree, Loyola University in Chicago; B.A. degree, University of Michigan
- Can be contacted at 312-207-2778 or kdreher@reedsmith.com
John N. Ellison, Esq., Reed Smith LLP
- Partner in the Insurance Recovery Group of Reed Smith LLP’s Philadelphia and New York offices
- Practice emphasizes all aspects of the insurance coverage field. John is co-lead counsel for many of the world's large financial institutions regarding mortgage crisis-related insurance issues
- Has also handled claims under directors and officers policies, fidelity bonds, first-party property policies and other liability insurance products, as well as prosecuting successfully bad faith claims against many of the large insurance organizations. John has successfully obtained recoveries for environmental liabilities, asbestos related claims and other toxic torts
- Regularly counsels his clients on insurance-related issues, spanning from structuring insurance programs to reviewing policy wording and related documentation
- Over the past few years, John's clients have recovered in excess of $4.5 billion in insurance coverage for matters that were being contested by their insurance companies. John's international practice involves appearing in courts and tribunals throughout the United States and in Europe
- Has been lead counsel in some of the largest insurance disputes over the last decade and also serves as a party-nominated arbitrator in many insurance arbitrations
- Recognized as a leading insurance practitioner in Chambers USA America’s Leading Business Lawyers, Best Lawyers in America, Pennsylvania Super Lawyers, and Who’s Who Legal
- J.D. degree, Pennsylvania State University; B.A. degree, The Ohio State University
- Can be contacted at jellison@reedsmith.com
(Not available outside the US)