Excess D&O In Del.: A Safe Forum For Exhaustion Disputes
Law360 ( June 15, 2018, 4:01 PM EDT) -- Over the past decade, excess D&O insurers have become increasingly aggressive in denying coverage when a policyholder settles with one or more underlying insurers for less than full policy limits. These denials are generally based on a line of cases holding that exhaustion language found in many excess D&O policies requires payment of full limits by each underlying insurer before an excess policy is triggered.[1]...
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