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The Delaware Supreme Court unanimously affirmed a trial court
judgment requiring a directors and officers (D&O) excess
insurer to pay a claim for losses predicated on fraudulent conduct
of the director and CEO of a corporation, holding that such losses
are insurable under Delaware law and coverage is not barred by
Delaware public policy.
The Court also held that Delaware law applied to the insurance
policy in the case, stating that a choice of law analysis for a
D&O policy will most often reveal that a corporation s