D&O and E&O Insurance Claims in the Economic Downturn

Litigating Claims, Assessing and Renegotiating Current Policies, and Optimizing Future Coverage

D&O and E&O claims expected to reach $10 billion

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, June 4, 2009

Course Materials

This seminar will examine insurance coverage available to protect businesses during economic crisis, coverage issues relating to claims and lawsuits that are emerging as the crisis develops, and strategies for crafting insurance protection in the future.


D&O and E&O insurance claims related both directly and indirectly to the economic freefall are anticipated to reach $10 billion. Shareholders and regulators aren't just seeking recovery from directors and officers, but from other executives as well.

Lawsuits against companies and their executives for alleged conduct that resulted in losses will only continue. Companies and their executives must examine existing policies to determine what coverage is available — and prepare to present their case for coverage to insurers and possibly the courts.

Legal counsel to companies must understand whether current policies provide adequate coverage, what claims are being asserted, and which coverage issues are implicated. Businesses and legal advisers must prepare to negotiate coverage for the future — and consider renegotiating existing policies.

Listen as our authoritative panel of insurance attorneys examines the current trends in claims being filed, potential claims related to the financial crisis, and best practices for making the most of current insurance coverage and strategies for obtaining optimal insurance protection for the future.



  1. Claims being asserted
    1. Derivative suits — breach of fiduciary duty
    2. Section 16 — insider trading
    3. Rule 10(b)(5) claims
    4. Common law fraud
    5. Criminal charges
  2. Available insurance coverage
    1. D & O
    2. E & O/Professional liability
    3. Other available insurance coverage
  3. Coverage issues relating to claims/suits arising out of the economic crisis
    1. Validity of the insurance policy
    2. Complying with notice provisions
    3. Defense related issues
    4. Settlements and the consent to settlement issues
    5. Fraud related exclusions
    6. Exclusions in derivative suits
    7. Section 16 claims — insider trading
    8. Coverage issues in securities litigation


The panel will review these and other key questions:

  • What types of claims related to the financial crisis are being asserted against businesses?
  • What insurance coverage issues are implicated in financial crisis-related claims — and how should counsel respond?
  • What strategies can counsel employ to best analyze and address coverage issues?
  • What strategies can counsel employ in negotiating or renegotiating terms of the insurance policy to optimize coverage now and for the future?


Robert M. Horkovich
Robert M. Horkovich

Anderson Kill & Olick

He is a trial lawyer with substantial experience in trying complex insurance coverage actions on behalf of corporate...  |  Read More

Lon A. Berk
Lon A. Berk

Hunton & Williams

His practice focuses on complex civil litigation. His experience includes the trial of cases involving commercial,...  |  Read More

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