The New York Insurance Department has issued an opinion (see here) requiring admitted Directors and Officers liability (D&O) insurance policies not have a provision placing a duty to defend on the insured. A D&O liability policy may not include a provision that places the duty to defend upon the insured, rather than the insurer Two D&O experts, Kevin LaCroix of The D&O Diary and Carrie Cope of the Tressler, Soderstrom Maloney & Preiss law firm, have pointed out flaws in...
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