D&O Indemnity Claims in Bankruptcy: Navigating Third-Party Suits, Chapter 11 and D&O Insurance Coverage
A live 90-minute premium CLE webinar with interactive Q&A
This CLE webinar will provide insight and analysis on the types of claims that may entitle directors and officers to indemnity protection and how their indemnity claims are treated in and affected by a company's bankruptcy. The panel will also discuss the effect of bankruptcy on D&O insurance coverage and the issues considered in determining who is entitled to proceeds from the D&O insurance policy in a Chapter 11 proceeding.
- Nature of indemnity claim
- Source: State law, contract, formation documents
- Scope: Exception for criminal conduct, gross negligence with willful misconduct
- Types of claims: Shareholder action, discrimination, trade secret misappropriation
- Who is liable and for what
- Directors and officers
- Insurance policy
- Treatment of claims in bankruptcy
- Subordination (Bankruptcy Code Sections 502 or 510)
- Allowed unsecured claims
The panel will review these and other key issues:
- When is a director or officer entitled to indemnification for third-party claims?
- How are those indemnity obligations impacted by the bankruptcy of the company?
- What are the coverages to include in the D&O insurance policy? What endorsements may ensure that directors and officers remain covered after a bankruptcy?
- How does a Chapter 11 proceeding impact insurance coverage and distribution of proceeds?
Leslie A. Davis
Ms. Davis has significant experience representing insurance companies in coverage matters, with a focus on... | Read More
Ms. Davis has significant experience representing insurance companies in coverage matters, with a focus on environmental and mass tort liabilities and professional liability coverage disputes. She regularly represents insurance and reinsurance companies in negotiations, mediations, and arbitrations involving disputes arising out of their reinsurance relationships.Close
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