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Delaware Supreme Court Provides Guidance Regarding D&O Liability Insurance Coverage | Skadden, Arps, Slate, Meagher & Flom LLP

To embed, copy and paste the code into your website or blog: The Delaware Supreme Court has issued two decisions over the past year that provide important guidance about directors’ and officers’ (D&O) liability insurance coverage. In RSUI Indemnity Company v. Murdock, the Supreme Court affirmed decisions holding that losses due to the fraudulent actions of an officer or director of a Delaware corporation are insurable under Delaware law. As part of its analysis, the Supreme Court conducted and affirmed a choice-of-law analysis to determine that Delaware law applied even though the D&O policy was negotiated and issued in another state. In

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