Delaware Rulings Clarify Interpretation of ‘Related Claims’ Provisions in D&O Insurance Policies: Published in Reuters Legal News, authors Michael Zigelman, Patrick Kennell, Catherine Lyster

For corporations and their management liability insurers, a pair of recent rulings from a Delaware court provide new insight on a recurring theme. Directors’ and Officers’ (D&O) insurance policies typically include provisions establishing that when one claim alleges a wrongful act that is related to an earlier claim, the two cases will be treated as a single claim deemed to have been first made at the time the earliest of such claims was first made. Read full article in PDF.    RLN_Zigelman_031022

Michael L. Zigelman is the co-managing partner of Kaufman Dolowich & Voluck’s New York City office, as well as chair of the General Liability Coverage Practice Group. He concentrates his practice on all aspects and lines of insurance coverage and may be reached at mzigelman@kaufmandolowich.com.

Patrick M. Kennell is a partner in Kaufman Dolowich & Voluck LLP’s New York City office and is Co-Chair of the firm’s Insurance Coverage & Litigation Practice Group. He represents corporations and their professionals in courts throughout the U.S. in matters including director and officer (D&O) breach of fiduciary duty actions, professional negligence and breach of contract actions, and complex business disputes involving claims of fraud and conspiracy. He may be reached at pkennell@kaufmandolowich.com.

Catherine Lyster is an attorney in Kaufman Dolowich & Voluck LLP’s New York City office, where she handles diverse fields of law, including intellectual property, insurance, trusts and estates, and general business and commercial matters. She may be reached at clyster@kaufmandolowich.com.

Reprinted with permission of Thomson Reuters. 

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