Chapter

Coverage Defenses and Disputes

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: http://dx.doi.org/10.7208/chicago/9780226035079.003.0010
Coverage Defenses and Disputes

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This chapter, which examines the most common bases upon which Directors' and Officers' liability (D&O) insurers assert coverage defenses in shareholder litigation, reveals a loose correlation between coverage defenses and corporate wrongdoing. It explains that the insurer's coverage defenses seem strongest when the plaintiff's underlying claim is meritorious, and also suggests that insurers are likely to really press coverage defenses for fear of an adverse impact in the insurance market.

Keywords: coverage defenses; shareholder litigation; corporate wrongdoing; plaintiff; insurance market

Chapter.  9312 words. 

Subjects: Company and Commercial Law

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