D&O, Management and Professional Liability

Mission Statement
The D&O and Management Liability Committee's goal is to promote an enhanced environment for the efficient and fair resolution of D&O coverage disputes. We focus our efforts on promoting communication among D&O practitioners with a balanced perspective, especially with regard to current developments in insurance law and legal issues involved in underlying claims.   

2024-2025 Co-Chairs

Emily Garrison
Emily Garrison
Partner
Honigman LLP

David Godwin
David Godwin
Partner
Squire Patton Boggs (US) LLP

Contact:DandOmanagement @ americancollegecoverage.org


Selected Presentations & Papers:

Posted 11/16/2024
11th Circuit Sidesteps Insurer’s Attempt to Rescind D&O Policy but Rules that Claim Made before Policy Inception

Posted 10/30/2024
California Federal Court Holds Antitrust Exclusion Bars Coverage for Unjust Enrichment and Consumer Protection Claims

Posted 9/23/24
First Circuit Reverses E&O Coverage Decision Based on Late Notice—Lack of Prejudice not an Issue

Posted 9/18/2024
University of Pennsylvania to Launch a D&O Insurance Case Tracker

The ACCC D&O, Management & Professional Liability Committee is working with Honorary Fellow Tom Baker in launching a new project from the University of Pennsylvania, which is tracking D&O insurance coverage cases. While there are a number of trackers for the underlying securities class actions; Penn Law is now tracking the coverage cases they spawn. 

A “beta” version of the case database is in the link below. Professor Baker has asked for feedback on the database. It will be launched live on the D&O Diary in the near future. https://dno.law.upenn.edu/

Posted 8/16/2024 
11th Circuit Denies Coverage Despite Insurer’s Missing Comma
Insurance Lessons From 11th Circuit Ruling On Policy Grammar
 by ACCC Fellow Hugh Lumpkin, and Garrett Nemeroff, Reed Smith LLP

Posted 6/25/2024
2nd Circuit Holds that the Contractual Liability Exclusion Precludes Coverage for Declaratory Judgment Claim

Posted 5/14/2024
8th Circuit Insurance Ruling Spotlights Related-Claims Defenses

Posted 6/10/2024
Directors and Officers Insurance: “Bump up” Exclusions and Corporate Transactions

Posted 4/3/2024
Recent Delaware Coverage Decisions on Relatedness Leaves D&O Claim Uncertainties

Posted 3/4/2024
Misrepresentation in Application – Delaware
Zurich Am. Ins. Co. v. Syngenta Crop Prot. LLC, No. 135, 2023, 2024 WL 763418 (Del. Feb. 26, 2024)

Posted 2/15/2024
Miami Law Firm Not Covered For Overbilling
Federal judge concluded that the underlying claims arose from the firm's allegedly fraudulent billing practices, but that billing practices — "legitimate or otherwise" — are not professional services in the context of legal practice.

Posted 2/15/2024
Sixth Circuit Holds Settlement for Fraudulent Transfers Insurable Under D&O Policy: Ohio Law

Posted 2/6/2024
Year in Review: 2023 Key Management and Professional Liability Insurance Coverage Decisions 
By Kevin LaCroix Esq. of RT Specialty

Posted 2/5/2024
6th Circ. Revives Bank's $32M Ponzi Settlement Coverage Suit
Under its Bankers Professional Liability policy, a bank can seek coverage for a $32 million settlement it paid to resolve a bankruptcy suit alleging it allowed a Ponzi scheme to continue so it could recover loans to the company running the scheme, the Sixth Circuit ruled, reversing a win for a pair of AIG insurers.

Posted 1/22/2024
Insured Takeaways From 10th Circuit Interrelated Claims Ruling

Posted 1/12/2024
Tenth Circuit Applies Broad Interpretation of "Interrelated Acts" to Preclude Policyholder's Access to Aggregate Limits

Posted 1/5/2024
4th Circuit Holds No Defense Owed to Lawyer in Fraud/Money Laundering Case


For previous articles, please visit the D&O, Management and Professional Liability Archive Page.


Past Co-Chairs

2023-2024
Nancy Kornegay

Joe Monteleone

2022-2023
Bob Allen

John Mumford
Seth Lamden

2021-2022
John Mumford
Joann Lytle

2020-2021
John Mumford

Joann Lytle

2019-2020
Michael Manire

Seth Lamden

2018-2019
Michael Manire
Mitchell Dolin

2017-2018 Co-Chairs
Michael Manire
Mitchell Dolin

2016-2017
Michael Manire
Mitchell Dolin