Delaware Supreme Court Holds That Fraud is Insurable

In a decision that is likely to reshape directors and officers (“D&O”) policies across the nation, the Delaware Supreme Court has held that fraudulent conduct by corporate officers and directors is insurable under Delaware law. RSUI Indemnity Company v. Murdock, 2021 WL 803867 (Del. March 4, 2021). The court also held that Delaware law governs a coverage dispute under a directors and officers liability insurance policy (“D&O Policy”) issued to a Delaware company, even though the policy was...
By: Snell & Wilmer

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