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As a service to Jenner & Block's clients and the greater legal community, the firm's Insurance Recovery and Counseling practice maintains online resource centers that offer the latest case law and other developments.
Jenner & Block will update this web page with new developments and items of interest as they become available.
In the March Insurance Law Update, 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.