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
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.
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
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