Crafting D&O Insurance Contracts

Recent incidents of corporate corruption – and some mere missteps by companies -- involved huge government penalties and damages awards against companies and their directors and officers. As a result, American businesses find it harder to secure board members and officers unless they can offer rock solid insurance protection, along with strong corporate governance policies and practices.

Coverage denials have led to more expensive litigation -- and have left some companies and even individual executives footing the bill. Corporate counsel and attorneys advising corporations can make sure that their companies are negotiating for – and obtaining - the most comprehensive protection possible from their director and officer (D&O) insurance coverage.

Listen as our authoritative panelists help counsel grasp the current trends in D&O claims, assist in designing the best coverage for the client's or company's needs, and avoid common mistakes that have cost others hundreds of thousands in uninsured expense.

John D. Green, Partner, Farella Braun + Martel, San Francisco, has 18 years' experience specializing in the representation of insureds and claimants in coverage disputes. He has represented insureds in a wide variety of lawsuits and insureds pursuing first-party property coverage, including fire losses and earthquake claims. He counsels clients in negotiation with carriers to obtain policy benefits and has extensive experience with mediation and arbitration of insurance disputes.

Mary E. McCutcheon, Partner, Farella Braun + Martel, San Francisco, heads the firm's Insurance Group. She advises companies and individual directors regarding issues involved in the placement of directors and officers liability insurance, represents corporations, public entities and individuals in coverage issues arising out of a variety of lawsuits, and litigates coverage bad-faith actions. She also advises clients on how to transfer risk and handle claims under both traditional and self-insurance programs in a number of industries.

John Williamson, Partner, Morris Manning & Martin, Atlanta, focuses on the litigation and resolution of complex commercial disputes. He has experience in a wide range of matters, including securities fraud, E&O and D&O insurance coverage, among others. He primarily represents public and private companies and corporate officers and directors.

They will address these and other key questions:

• What are the key risk factors to identify in evaluating a company's D&O insurance requirements?
• What are the critical policy provisions to consider in crafting the insurance contract for director and officer coverage?
• What steps can counsel take to ensure that their company or client obtains optimal coverage to protect itself and its directors and officers?

Plus, you’ll have an opportunity to get answers to your specific questions during the interactive Q&A session following the speaker presentations.

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