Delaware Superior Court Ruling Should Prompt Review of D&O Coverage by Investors Involved in Company Management

    View Author January 2019

    Directors and officers (D&O) liability insurance generally protects directors and officers against legal expenses and personal liability for acts and omissions taken in their capacity as directors and officers of the insured company. In Goggin v. National Union Fire Insurance Company of Pittsburgh, PA (November 30, 2018), the Delaware Superior Court held that a D&O insurance contract at issue excluded coverage where claims against directors arose out of acts in their capacities as both directors of and investors in the company.