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Insight
2026 Financial Lines Executive Liability NewsletterÂ
By Alliant
Navigating today’s complex risk environment can be a monumental task. Steve Shappell, Alliant Claims & Legal, spearheads Executive Liability Insights, a monthly review of news, legal developments and information on executive liability, cyber risk, employment practices liability, class action trends and more.
THE SUPREME COURT LIMITS SHAREHOLDERS’ ABILITY TO FILE LAWSUITS AGAINST INVESTMENT FUNDS
SUPREME COURT HOLDS PECUNIARY LOSS NOT REQUIRED FOR SEC DISGORGEMENT
CIVIL INVESTIGATIVE DEMAND DID NOT MEET E&O POLICY’S DEFINITION OF CLAIM
NO PROFIT, NO COVERAGE: D&O COVERAGE TRIGGERED FOR EXECUTIVES
COURT REJECTS BROAD USE OF RETROACTIVE DATE EXCLUSION
D&O CAPACITY EXCLUSION BARS ALL COVERAGE FOLLOWING INSURER’S REPEATED RESERVATION OF RIGHTS
- COURT LIMITS “REASONABLY RELATED” DEFENSE COST RECOVERY
- JURIES SHOULD DECIDE WHETHER INSURER WITHELD ITS CONSENT UNREASONABLYÂ
- D&O POLICY’S DUTY TO DEFEND TRIGGERED BY TORTIOUS INTERFERENCE CLAIM DESPITE CONTRACT EXCLUSION
- D&O POLICY’S REGULATORY CLAIMS ENDORSEMENT’S SUB-LIMIT APPLIES TO CLAIM DESPITE TYPO
- APPELLATE COURT SIDES WITH DOCTOR ACCUSED OF FERTILITY FRAUD IN A COVERAGE DISPUTE
- BREACH OF CONTRACT EXCLUSION BARS COVERAGE UNDER EXCESS MANAGEMENT LIABILITY POLICY
- INSURER MUST COVER DEFENSE AND SETTLEMENT WHERE FRAUD CLAIM FALLS OUTSIDE CONTRACT EXCLUSION
- NO COVERAGE UNDER PROPERTY MANAGERS E&O FOR INVESTMENT AND FINANCING TRIGGERED
- INSURER CANNOT RELY ON SUBSEQUENT ACTS EXCLUSION IF OPERATIVE WRONGFUL ACT OCCURRED BEFORE CUT-OFF DATE
- PRIOR KNOWLEDGE TEST CREATES FACT QUESTION ON COVERAGE FOR MALPRACTICE CLAIMÂ
- FOURTH CIRCUIT REJECTS CLASS CERTIFICATION PREVIOUSLY GRANTED IN ERISA LITIGATIONÂ
- ACQUISITION CANNOT SATISFY D&O POLICY’S DEFINITION OF SECURITIES CLAIM
- BASES FOR COVERAGE DENIAL SHOULD NOT BE ISSUED INCREMENTALLY, UNLESS NEW FACTS ARISEÂ
- PLAIN READING OF PUBLIC OFFERINGS EXCLUSION MAKES IT INAPPLICABLE IN SPAC SUIT
- D&O CARRIERS CANNOT AVOID COVERAGE BASED ON A SPECIFIC-ENTITY EXCLUSION OR PUBLIC-OFFERING EXCLUSION
- MISAPPROPRIATION EXCLUSION DOES NOT BAR COVERAGE IN COPYRIGHT SUIT
- LATE NOTICE AND THE PRIOR ACTS EXCLUSION IS INSUFFICIENT GROUNDS TO DENY COVERAGE
- THE DEFINITION OF DAMAGES PLAYS KEY ROLE IN CARRIER AVOIDING A DUTY TO DEFEND OR INDEMNIFY
- EXCESS V. EXCESS: OTHER INSURANCE LANGUAGE DICTATES COVERAGE PRIORITY BETWEEN COMPETING INSURANCE POLICIES
- EXCESS D&O CARRIER’S PRIOR ACTS AND PENDING AND PRIOR ARGUMENTS FAIL
- DOES YOUR D&O POLICY PROTECT YOU FROM STRADDLE CLAIMS IN A HEIGHTENED M&A MARKET?
- DELAWARE’S CONTROVERSIAL CORPORATE LAW REFORMS SURVIVE JUDICIAL SCRUTINY
- FUTURE TRENDS IN DELAWARE CORPORATE LAW
- D&O POLICY’S PROFESSIONAL SERVICES EXCLUSION BARS COVERAGE FOR MAJORITY OF CFPB CLAIM
- THE FEE-EXCLUSION AND DEEMER CLAUSE BAR COVERAGE IN MORTGAGE FEE CLASS ACTIONS
- INSURED V. INSURED EXCLUSION BARS COVERAGE UNDER D&O POLICY DESPITE CARVE BACKS
- FALSE CLAIMS ACT REPORT SHATTERS RECORDS IN FY 2025 WITH EXPANDED ENFORCEMENT
- DOJ ISSUES MAJOR AWARD IN CONNECTION WITH WHISTLEBLOWER ALLEGATIONS INVOLVING ANTITRUST BEHAVIOR
- D&O POLICY’S RELATED WRONGFUL ACTS EXCLUSION BARS COVERAGE
- FIFTH CIRCUIT’S DECISIONS MAY FURTHER DERAIL ESG INVESTING EFFORTS
- DELAWARE COURT APPLIES NEW YORK LAW TO A COVERAGE DISPUTE ABOUT RELATEDNESS
- NORTH CAROLINA SUPREME COURT FINDS PROPERTY INSURANCE POLICY COVERS LOSS OF PROPERTY USE DUE TO COVID RESTRICTIONS
- NARROW INTERPRETATION OF WRONGFUL ACT DEFINITION IN PROFESSIONAL LIABILITY POLICY PRECLUDES COVERAGE FOR PROPERTY MANAGEMENT FIRM
- DELAWARE SUPERIOR COURT RULES “BUMP-UP PROVISION” DOES NOT APPLY TO BAR COVERAGE FOR SETTLEMENT OF SHAREHOLDER CLASS ACTION
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