HNRK Coverage Corner

On May 15, 2024, the Eighth Circuit issued a decision in Dexon Computer, Inc. v. Travelers Property Casualty Company of America, Case No. 23–1328, interpreting what the district court aptly described as a “nebulous concept”—the “related acts” provision in a claims made liability policy.

As we have explained in a previous post on this topic, claims made policies generally cover claims made against the insured during the policy period, even though the underlying conduct may have occurred during an earlier period.  But sometimes, a lawsuit filed during the policy period ...

On March 22, 2022, the Delaware Supreme Court issued a decision in First Solar, Inc. v. National Union Fire Ins. Co. of Pittsburgh Pa., No. 217, 2021, clarifying the standard for applying the related claims provision of a directors and officers liability policy under Delaware law.

D&O policies are typically claims-made—meaning they cover claims made against the insured during the policy period, even though the underlying conduct may have occurred during an earlier period.  But sometimes a lawsuit filed during the policy period may, in fact, be covered by an earlier policy.  This is ...