The Biggest D&O Insurance Rulings of 2022
A pair of insurer wins in corporate-friendly Delaware and a favorable ruling on the so-called bump-up exclusion have carriers feeling good about the past year of directors and officers disputes, although Verizon obtaining coverage for a $95 million fraudulent transfer settlement gave policyholders something to cheer about.
Here, Law360 breaks down the most significant D&O decisions and trends of 2022.
Delaware High Court Sides With Insurers in Key Cases
Policyholder attorneys said they aren't overly worried about the First Solar ruling.
Justin Lavella, an insurance recovery partner at Blank Rome LLP, said the fundamentally identical standard wasn't being used by the Delaware Supreme Court to prove interrelatedness before the First Solar decision, so the high court's refusal to adopt it should be of limited precedential impact.
"The opinion is very clear that it is not upsetting, changing, modifying or altering in any way the existing Delaware law on interrelatedness," Lavella said.
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"The Biggest D&O Insurance Rulings of 2022," by Josh Liberatore was published in Law360 Insurance Authority on January 2, 2023.