Topic: D&O Liability

SEC Files Amicus Brief in Bear Stearns Insurance Coverage Litigation

The Securities and Exchange Commission recently filed an amicus brief in the Vigilant Ins. Co. et al. v. The Bear Stearns Cos., Inc. insurance coverage litigation. On June 19, 2007, an intermediate New York State appellate court held that a question of fact existed as to whether a component of an SEC settlement that was specifically labeled as disgorgement actually constituted the kind of disgorgement that many courts have deemed uninsurable as a matter of public policy. 

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Shareholders File Class Action and Derivative Suits Against Merrill Lynch Over $8.4 Billion Subprime Write-Down

A shareholder class action suit was filed against Merrill Lynch & Co. on October 30, 2007 following an announcement by Merrill Lynch that it would have to write-down $8.4 billion in connection with mortgage-related investments. The charge for that write-down is being taken in the third-quarter of 2007. 

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Canadian D&O Claims Expected To Rise

According to a recent report by Business Insurance, Canadian insurers should brace for a coming surge in directors’ and officers’ liability claims.  The rise in claims is an anticipated consequence of major changes in Canadian securities regulation dating back to 2005. 

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