The D&O Insurer at Defense and Settlement

in Ensuring Corporate Misconduct

Published by University of Chicago Press

Published in print January 2011 | ISBN: 9780226035154
Published online March 2013 | e-ISBN: 9780226035079 | DOI:
The D&O Insurer at Defense and Settlement

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  • Company and Commercial Law


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This chapter, which examines how Directors' and Officers' liability (D&O) insurance coverage influences the defense and settlement of shareholder litigation, analyzes the role of D&O insurers in defending shareholder litigation, and the relation between insurance structure and settlement outcomes. The analysis reveals that while insurers do have substantial control over settlements, they have almost no control over the conduct of the defense. The findings also suggest that there are many features of the settlement process which prevent D&O insurers from insisting that final settlement amounts track the underlying merits of claims.

Keywords: D&O insurance; shareholder litigation; insurance structure; settlement outcomes; settlement process; merits of claims; D&O insurers

Chapter.  9876 words. 

Subjects: Company and Commercial Law

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