D&O and Management Liability Insurance Team Leader Tom Bentz will speak at American Conference Institute’s 16th Annual Summit on D&O Liability: Coverage, Underwriting and Claims Strategies for Managing Liability & Risks Through Market Changes and Increased Scrutiny. Mr. Bentz will speak on a panel titled, "Managing Coverage and Costs: Significant Claim Concerns and the Reasonableness of Defense Costs."
The panel will address:
I. Significant Coverage Issues
Understanding what is covered under a D&O policy
When a “claim” is a “claim” under coverage
How the SEC’s initiation of “formal” investigations (without the need for Commission approval) is impacting coverage
Understanding coverage as it relates to pre-litigation costs:
– Does your D&O policy cover regulatory investigations and examinations?
– Subpoenas of directors and officers as non-party witnesses
– “Interviews” of directors and officers
– Avoiding the dangers of depleting D&O coverage
II. Reasonableness of Defense Costs
Dealing with the rising cost of defense on multiple fronts
Insurers’ litigation management and billing guidelines
Expenses in responding to regulatory investigations and examinations – are “pre-claim expenses” covered?
Determining when separate representation is necessary
How recent decisions, including those from the Delaware Chancery Court, have impacted the reasonableness of legal fees awarded, and how this affects D&O coverage and shareholder derivative suits
Second bites at the apple by excess insurers – Royal Indemnity Co. v. C.H. Robinson Worldwide, Inc.
Allocation concerns, including the problems posed by increasingly common criminal investigations and prosecutions
Arbitration of defense costs disputes
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