Directors & Officers Coverage

Practice Area

Directors & Officers Coverage

Since its inception, the firm has had a Directors & Officers Practice specializing in this unique and complex line of insurance coverage. This long-standing practice has resulted in the firm being involved in virtually every significant development in the area.

Coverage Counsel & Related Services

Throughout its history, Lewis Brisbois has represented major insurers providing D&O insurance throughout the country. In our capacity as coverage counsel, we work closely with directors, officers, corporations, and their defense counsel in order to achieve resolutions mutually favorable to both insurers and insureds. By creating a cooperative environment and providing our experience in dealing with plaintiffs and their counsel, we can be instrumental in finding creative solutions to complex and potentially catastrophic lawsuits.

In some situations however, despite our best efforts and those of our clients, a coverage dispute cannot be resolved without resorting to litigation or arbitration. In these matters, we are able to draw on Lewis Brisbois' extensive litigation experience. Our attorneys have been involved in litigating many of the major issues facing D&O insurers – the scope of reimbursement obligations (including allocation and advancement issues) the rights and duties of primary and excess carriers, misrepresentations in insurance applications (including the right to rescind policies, and notice and reporting issues) and the applicability of insured v. insured, regulatory, pending and prior litigation and other exclusions.

Additionally, Lewis Brisbois works with its insurance company clients in drafting language for policy forms and specific endorsements to address insureds' particular needs. Our extensive involvement in coverage issues and coverage litigation enables us to resolve concerns of both insurers and insureds.

Defense Counsel

Lewis Brisbois has also represented corporations, general and limited partnerships, corporate directors and officers and general partners in securities class, derivative and direct actions, in state, federal and bankruptcy courts. In addition, we represent attorneys and investment bankers, among others, who are involved in business and securities disputes. We have a long-standing familiarity with the securities plaintiffs' bar, vast knowledge of insurance issues, and extensive experience working with other securities defense firms, judges, mediators and arbitrators before whom many of the actions against insureds of all types are resolved. That background, along with our litigation experience, enables us to provide superior tactical and strategic advice, exposure analysis, and the strongest possible defense to each of our clients.

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