Interplay of Allocation Issues in the D&O Space and Allocation of Defense Costs in the D&O Context

June 23, 2016 5:10pm

Jeffrey L. Kingsley
Goldberg Segalla

Edward Ellis
Vice President
Markel Global Reinsurance

Joseph P. Monteleone
Rivkin Radler LLP

Susan White
Manatt, Phelps & Phillips, LLP

Miles R. Afsharnik
Senior Vice President & National Claims Director Professional Risk Practice
Wells Fargo Insurance

  • Allocation of defense costs between covered and non-covered claims
  • Allocation of defense costs among covered and non-covered parties under liability policies, and allocation of defense costs incurred by an individual sued in covered and non-covered capacities
  • Impact, if any, when policy is a duty to defend vs. duty to pay defense costs
  • Allocation issues where policies cover only directors and officers and not the entity
  • How to address uninsured periods/extent of uncovered coverage terms/conditions breaches in the allocation
  • Allocation of exclusions: Drafting as well as legal issues
  • Allocation when policy contains an allocation provision
  • How are defense costs and indemnity allocated, if at all?
  • Possible allocation disputes amongst insureds