About
Last year 238 shareholder class action suits were filed in federal courts and mean settlements were $27.1 million per case. With institutional investors taking an increasingly proactive approach, being-or insuring-a Director or Officer is riskier than ever before.
And, with recent settlements holding Directors personally liable and the increasing frequency of rescission, it is imperative that insureds and insurers obtain a comprehensive understanding of the latest developments concerning market trends and regulations. Are you prepared to handle these new challenges impacting D&O coverage?
The American Conference Institute's D&O Liability Insurance publication will provide invaluable perspectives, insights, and expertise regarding the following issues currently affecting D&O insurance:
Latest developments on recent settlements and pending cases concerning Directors' personal liability
Impact of insurer rescission actions on policy severability clauses
Practical advice on how to negotiate the most favorable policy terms-for carriers and insureds
How will increasing government and criminal investigations impact the claims process?
Critical updates from a senior government official on the latest SEC enforcement actions
Contents & Contributors
THE IMPACT OF RECENT SETTLEMENTS MANDATING DIRECTORS' CONTRIBUTION OF PERSONAL ASSETS ON THE D&O MARKETPLACE
Steve Shappell, Aon Financial Services Group
TWO PARABLES AND INSTRUCTIONS TO UNDERWRITERS
William Redington, American Reinsurance Company
GOVERNANCE LINKED D&O COVERAGE
John Friedland, International Journal of Disclosure and Governance
Srikant Datar, M.D., Harvard Business School
Michael Alles, Rutgers Business School
THE UNSETTLED AND EVOLVING WORLD OF D&O INSURANCE: HOW CURRENT CLAIMS TRENDS AND MARKET TRENDS CREATE A CHALLENGING ENVIRONMENT FOR D&O UNDERWRITERS
Michael W. Early, Chicago Underwriting Group, Inc.
THE CURRENT STATE OF INDIVIDUAL LIABILITY OF DIRECTORS AFTER WORLDCOM AND ENRON
Lawrence Fine, AIG Domestic Claims, Inc.
VANISHING D&O POLICIES
Timothy W. Burns, Neal, Gerber & Eisenberg, LLP
TRYING SECURITIES CLASS ACTIONS IN THE POST-ENRON ERA
Robert P. Varian, Orrick, Herrington & Sutcliffe, LLP
D&O LIABILITY: SETTLEMENT TRENDS AND DYNAMICS
R. Patrick White, Buckley King
William E. Chung, Buckley King
SECURITIES LITIGATOR SURVEY
Paul Ferrillo, Weil, Gotshal & Manges, LLP
RECENT SEC FINANCIAL FRAUD AND ACCOUNTING CASES
Alexander M. Vasilescu, Securities and Exchange Commission
CERTAIN TOPICAL ISSUES IN D&O LIABILITY INSURANCE
James A. Skarzynski, Boundas, Skarzynski, Walsh & Black, LLC
John E. Black, Jr., Boundas, Skarzynski, Walsh & Black, LLC
Cecilia W. Kaiser, Boundas, Skarzynski, Walsh & Black, LLC
David M. Finz, Beecher Carlson Holdings Inc.
THE NEW RULES OF RESCISSION
Daniel Aronowitz, President, Ullico Insurance Group
POLICYHOLDERS' CHECKLIST TO AVOID RESCISSION AND INCREASE D&O PROTECTIONS
Mary Craig Calkins, Howrey, Simon, Arnold & White
HOW TO AVOID THE NIGHTMARE OF D&O INSURANCE RESCISSION CLAIM
Steven R. Smith, Bryan Cave, LLP