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Ensuring Corporate MisconductHow Liability Insurance Undermines Shareholder Litigation$
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Tom Baker and Sean J. Griffith

Print publication date: 2011

Print ISBN-13: 9780226035154

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226035079.001.0001

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PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 09 April 2020

Coverage Defenses and Disputes

Coverage Defenses and Disputes

Chapter:
(p.177) Chapter Nine Coverage Defenses and Disputes
Source:
Ensuring Corporate Misconduct
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226035079.003.0010

This chapter, which examines the most common bases upon which Directors' and Officers' liability (D&O) insurers assert coverage defenses in shareholder litigation, reveals a loose correlation between coverage defenses and corporate wrongdoing. It explains that the insurer's coverage defenses seem strongest when the plaintiff's underlying claim is meritorious, and also suggests that insurers are likely to really press coverage defenses for fear of an adverse impact in the insurance market.

Keywords:   coverage defenses, shareholder litigation, corporate wrongdoing, plaintiff, insurance market

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