New Jersey High Court Highlights D&O Insurance Traps for Complex Business Structures
By: Donald W. Kiel and Lucas J. Tanglen
Businesses and their leaders expect directors and officers (D&O) insurance to provide broad coverage for acts undertaken in an individual’s corporate capacity. However, a recent New Jersey Supreme Court ruling highlights serious coverage traps that may exist for individuals wearing multiple corporate hats. Policyholders should be aware that insurers may attempt to avoid coverage obligations by arguing that mixing insured and uninsured roles can result in a complete loss of coverage.
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