Jenner & Block

Insurance Law Update: “Delaware Dole Ruling Will Guide Allocation in D&O Policies,” Law 360

In the second Insurance Law Update for March, Jenner & Block Partner Brian S. Scarbrough and Associate Huiyi Chen explore the issue of allocation in directors and officers liability insurance policies.  They highlight the Delaware Superior Court’s recent decision in Arch Insurance Co. v. Murdock.  In that case, the court interpreted an explicit allocation provision in a D&O policy and held the larger settlement rule applicable despite the presence of a “best efforts” clause and a “relative legal and financial exposures” clause in the allocation provision. The ILU was published in Law360.