Troutman Sanders is pleased to announce the release of 2015 | A Year In Review. This free annual publication by the Insurance Section highlights many of the key decisions delivered in 2014 by courts in nearly every jurisdiction of the country regarding a number of topics of significance to D&O and professional liability insurers. The comprehensive report is a must-read for claims personnel and others in the industry and undoubtedly will serve as a useful and convenient resource to you and your team.

2015 was another busy and interesting year for courts addressing directors and officers and professional liability insurance coverage issues. Thirty federal courts of appeals, nine state supreme courts, and dozens of other courts applying the law of 35 states, the District of Columbia, and Puerto Rico, issued noteworthy decisions this year involving numerous types of insurance policies. Among the more robust topics this year are notice, related claims, prior knowledge/known loss, and dishonest acts/personal profit exclusions. This year we also introduce a new "Trending Topics" segment which highlights notable cases in a developing area of insurance coverage law – this year, Cyber Liability. We hope that you find the following selection of case summaries helpful, as we focused on issues we believe will continue to be important in the directors and officers and professional liability arena in 2016 and beyond.

The topics covered in this report include:

  • Related Claims
  • Prior Knowledge, Known Loss and Rescission
  • Prior Acts, Prior Notice, and Pending and Prior Litigation
  • Dishonesty and Personal Profit Exclusions
  • Restitution, Disgorgement and Damages
  • Insured Capacity
  • Insured v. Insured Exclusions
  • Coverage for Contractual Liability
  • "Professional Services" Insuring Agreements
  • "Professional Services" Exclusions
  • Independent Counsel
  • Advancement of Defense Costs
  • Allocation
  • Recoupment of Defense Costs and Settlement Payments
  • Consent
  • Trending Topic: Cyber Liability

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.