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How to Insure D&O Liabilities | EducUp

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![How to Insure D&O Liabilities](https://cdn.educup.io/7f958570-0bb7-4e0b-843e-b2ba0a183c64.png "How to Insure D&O Liabilities")

# How to Insure D&O Liabilities

Learn how D&O insurance protects corporate leaders from personal liability.

Start now!

New course!

Language: English | Category: Property and Casualty Insurance

Tracking number: 6000215648

Massachusetts • 8 credit hours

# This course includes

Gain a comprehensive understanding of the foundational architecture of D&O policies

Learn about the legal and regulatory framework governing D&O insurance

Understand the roles, duties, and exposures of corporate leaders

Master the fundamentals of D&O insurance and its importance

Explore the concept and benefits of Extended Reporting Periods (ERPs)

Understand the fundamentals of claims made policies in D&O insurance

Learn about notice and reporting provisions in D&O policies

Understand how a "claim" is defined and what triggers it

Explore Side A coverage for non indemnifiable losses

Understand the scope and purpose of Side C coverage (entity coverage)

Gain a comprehensive understanding of the foundational architecture of D&O policies

Learn about the legal and regulatory framework governing D&O insurance

Understand the roles, duties, and exposures of corporate leaders

Master the fundamentals of D&O insurance and its importance

Explore the concept and benefits of Extended Reporting Periods (ERPs)

Understand the fundamentals of claims made policies in D&O insurance

Learn about notice and reporting provisions in D&O policies

Understand how a "claim" is defined and what triggers it

Explore Side A coverage for non indemnifiable losses

Understand the scope and purpose of Side C coverage (entity coverage)

Gain a comprehensive understanding of the foundational architecture of D&O policies

Learn about the legal and regulatory framework governing D&O insurance

Understand the roles, duties, and exposures of corporate leaders

Master the fundamentals of D&O insurance and its importance

Explore the concept and benefits of Extended Reporting Periods (ERPs)

Understand the fundamentals of claims made policies in D&O insurance

Learn about notice and reporting provisions in D&O policies

Understand how a "claim" is defined and what triggers it

Explore Side A coverage for non indemnifiable losses

Understand the scope and purpose of Side C coverage (entity coverage)

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# Course Content

![Introduction to D&O Liability & Legal Environment](/img/icons/loading.webp "Introduction to D&O Liability & Legal Environment")

Module

Introduction to D&O Liability & Legal Environment

4 topics

![Fundamentals of D&O Insurance](/img/icons/loading.webp "Fundamentals of D&O Insurance")

Topic

Fundamentals of D&O Insurance

5 lessons

![What is D&O Insurance and Why is it Essential?](/img/icons/loading.webp "What is D&O Insurance and Why is it Essential?")

Lesson

What is D&O Insurance and Why is it Essential?

![The Evolution and History of D&O Liability](/img/icons/loading.webp "The Evolution and History of D&O Liability")

Lesson

The Evolution and History of D&O Liability

![Protecting Personal Assets: The Core Purpose of D&O](/img/icons/loading.webp "Protecting Personal Assets: The Core Purpose of D&O")

Lesson

Protecting Personal Assets: The Core Purpose of D&O

![D&O vs E&O (Errors & Omissions) vs General Liability](/img/icons/loading.webp "D&O vs E&O (Errors & Omissions) vs General Liability")

Lesson

D&O vs E&O (Errors & Omissions) vs General Liability

![Overview of Target Audiences: Agents, Risk Managers, and Underwriters](/img/icons/loading.webp "Overview of Target Audiences: Agents, Risk Managers, and Underwriters")

Lesson

Overview of Target Audiences: Agents, Risk Managers, and Underwriters

![Roles, Duties, and Exposures](/img/icons/loading.webp "Roles, Duties, and Exposures")

Topic

Roles, Duties, and Exposures

5 lessons

![Fiduciary Duties: Care, Loyalty, and Obedience](/img/icons/loading.webp "Fiduciary Duties: Care, Loyalty, and Obedience")

Lesson

Fiduciary Duties: Care, Loyalty, and Obedience

![The Business Judgment Rule](/img/icons/loading.webp "The Business Judgment Rule")

Lesson

The Business Judgment Rule

![Who Can Sue? Shareholders, Employees, Competitors, and Regulators](/img/icons/loading.webp "Who Can Sue? Shareholders, Employees, Competitors, and Regulators")

Lesson

Who Can Sue? Shareholders, Employees, Competitors, and Regulators

![Personal Liability Exposures for Board Members](/img/icons/loading.webp "Personal Liability Exposures for Board Members")

Lesson

Personal Liability Exposures for Board Members

![Case Studies: Landmark D&O Lawsuits](/img/icons/loading.webp "Case Studies: Landmark D&O Lawsuits")

Lesson

Case Studies: Landmark D&O Lawsuits

![The Legal and Regulatory Framework](/img/icons/loading.webp "The Legal and Regulatory Framework")

Topic

The Legal and Regulatory Framework

5 lessons

![Corporate Governance and the Sarbanes Oxley Act (SOX)](/img/icons/loading.webp "Corporate Governance and the Sarbanes Oxley Act (SOX)")

Lesson

Corporate Governance and the Sarbanes Oxley Act (SOX)

![The Dodd Frank Act and Executive Accountability](/img/icons/loading.webp "The Dodd Frank Act and Executive Accountability")

Lesson

The Dodd Frank Act and Executive Accountability

![State vs Federal Corporate Laws](/img/icons/loading.webp "State vs Federal Corporate Laws")

Lesson

State vs Federal Corporate Laws

![The Role of the SEC and Regulatory Investigations](/img/icons/loading.webp "The Role of the SEC and Regulatory Investigations")

Lesson

The Role of the SEC and Regulatory Investigations

![Emerging Legal Threats: Cyber Liability and ESG (Environmental, Social, Governance)](/img/icons/loading.webp "Emerging Legal Threats: Cyber Liability and ESG (Environmental, Social, Governance)")

Lesson

Emerging Legal Threats: Cyber Liability and ESG (Environmental, Social, Governance)

![Foundational Policy Architecture](/img/icons/loading.webp "Foundational Policy Architecture")

Topic

Foundational Policy Architecture

5 lessons

![Anatomy of a Standard D&O Policy Form](/img/icons/loading.webp "Anatomy of a Standard D&O Policy Form")

Lesson

Anatomy of a Standard D&O Policy Form

![Declarations Page Breakdown](/img/icons/loading.webp "Declarations Page Breakdown")

Lesson

Declarations Page Breakdown

![Understanding the Insuring Clause](/img/icons/loading.webp "Understanding the Insuring Clause")

Lesson

Understanding the Insuring Clause

![Reading and Interpreting Endorsements](/img/icons/loading.webp "Reading and Interpreting Endorsements")

Lesson

Reading and Interpreting Endorsements

![The Role of State Specific Endorsements](/img/icons/loading.webp "The Role of State Specific Endorsements")

Lesson

The Role of State Specific Endorsements

![The Core Mechanics: Claims Made Coverage Triggers](/img/icons/loading.webp "The Core Mechanics: Claims Made Coverage Triggers")

Module

The Core Mechanics: Claims Made Coverage Triggers

4 topics

![Fundamentals of Claims Made Policies](/img/icons/loading.webp "Fundamentals of Claims Made Policies")

Topic

Fundamentals of Claims Made Policies

5 lessons

![Claims Made vs Occurrence Policies](/img/icons/loading.webp "Claims Made vs Occurrence Policies")

Lesson

Claims Made vs Occurrence Policies

![The Concept of the "Retroactive Date"](/img/icons/loading.webp "The Concept of the \"Retroactive Date\"")

Lesson

The Concept of the "Retroactive Date"

!["Claims Made and Reported" Requirements](/img/icons/loading.webp "\"Claims Made and Reported\" Requirements")

Lesson

"Claims Made and Reported" Requirements

![Continuity of Coverage and Switching Carriers](/img/icons/loading.webp "Continuity of Coverage and Switching Carriers")

Lesson

Continuity of Coverage and Switching Carriers

![The Danger of Coverage Gaps](/img/icons/loading.webp "The Danger of Coverage Gaps")

Lesson

The Danger of Coverage Gaps

![Defining and Triggering a "Claim"](/img/icons/loading.webp "Defining and Triggering a \"Claim\"")

Topic

Defining and Triggering a "Claim"

5 lessons

![What Constitutes a "Claim" in D&O?](/img/icons/loading.webp "What Constitutes a \"Claim\" in D&O?")

Lesson

What Constitutes a "Claim" in D&O?

![Written Demands for Monetary vs Non Monetary Relief](/img/icons/loading.webp "Written Demands for Monetary vs Non Monetary Relief")

Lesson

Written Demands for Monetary vs Non Monetary Relief

![Civil, Criminal, and Administrative Proceedings](/img/icons/loading.webp "Civil, Criminal, and Administrative Proceedings")

Lesson

Civil, Criminal, and Administrative Proceedings

![Subpoenas and Formal Regulatory Investigations](/img/icons/loading.webp "Subpoenas and Formal Regulatory Investigations")

Lesson

Subpoenas and Formal Regulatory Investigations

![Tolling Agreements and Their Impact on Triggers](/img/icons/loading.webp "Tolling Agreements and Their Impact on Triggers")

Lesson

Tolling Agreements and Their Impact on Triggers

![Notice and Reporting Provisions](/img/icons/loading.webp "Notice and Reporting Provisions")

Topic

Notice and Reporting Provisions

5 lessons

![Strict Compliance with Notice Provisions](/img/icons/loading.webp "Strict Compliance with Notice Provisions")

Lesson

Strict Compliance with Notice Provisions

![Who Must Report the Claim?](/img/icons/loading.webp "Who Must Report the Claim?")

Lesson

Who Must Report the Claim?

![Notice of Circumstances (NOC) / Awareness Provisions](/img/icons/loading.webp "Notice of Circumstances (NOC) / Awareness Provisions")

Lesson

Notice of Circumstances (NOC) / Awareness Provisions

![The Consequences of Late Notice](/img/icons/loading.webp "The Consequences of Late Notice")

Lesson

The Consequences of Late Notice

![Case Studies in Reporting Failures](/img/icons/loading.webp "Case Studies in Reporting Failures")

Lesson

Case Studies in Reporting Failures

![Extended Reporting Periods (ERPs)](/img/icons/loading.webp "Extended Reporting Periods (ERPs)")

Topic

Extended Reporting Periods (ERPs)

5 lessons

![Purpose and Function of Tail Coverage (ERP)](/img/icons/loading.webp "Purpose and Function of Tail Coverage (ERP)")

Lesson

Purpose and Function of Tail Coverage (ERP)

![Bilateral vs Unilateral Tail Options](/img/icons/loading.webp "Bilateral vs Unilateral Tail Options")

Lesson

Bilateral vs Unilateral Tail Options

![Calculating ERP Pricing and Timelines](/img/icons/loading.webp "Calculating ERP Pricing and Timelines")

Lesson

Calculating ERP Pricing and Timelines

![Run Off Coverage for Mergers & Acquisitions](/img/icons/loading.webp "Run Off Coverage for Mergers & Acquisitions")

Lesson

Run Off Coverage for Mergers & Acquisitions

![Evaluating the Need for Multi Year Run Off Policies](/img/icons/loading.webp "Evaluating the Need for Multi Year Run Off Policies")

Lesson

Evaluating the Need for Multi Year Run Off Policies

![The Three Major Insuring Agreements](/img/icons/loading.webp "The Three Major Insuring Agreements")

Module

The Three Major Insuring Agreements

4 topics

![Side A Coverage (Non Indemnifiable Loss)](/img/icons/loading.webp "Side A Coverage (Non Indemnifiable Loss)")

Topic

Side A Coverage (Non Indemnifiable Loss)

5 lessons

![The Purpose of Side A Coverage](/img/icons/loading.webp "The Purpose of Side A Coverage")

Lesson

The Purpose of Side A Coverage

![When Can a Corporation NOT Indemnify? (Insolvency & Derivative Suits)](/img/icons/loading.webp "When Can a Corporation NOT Indemnify? (Insolvency & Derivative Suits)")

Lesson

When Can a Corporation NOT Indemnify? (Insolvency & Derivative Suits)

![First Dollar Coverage Mechanics](/img/icons/loading.webp "First Dollar Coverage Mechanics")

Lesson

First Dollar Coverage Mechanics

![Difference in Conditions (DIC) and Side A Only Policies](/img/icons/loading.webp "Difference in Conditions (DIC) and Side A Only Policies")

Lesson

Difference in Conditions (DIC) and Side A Only Policies

![Structuring Dedicated Side A Limits](/img/icons/loading.webp "Structuring Dedicated Side A Limits")

Lesson

Structuring Dedicated Side A Limits

![Side B Coverage (Corporate Reimbursement)](/img/icons/loading.webp "Side B Coverage (Corporate Reimbursement)")

Topic

Side B Coverage (Corporate Reimbursement)

5 lessons

![The Purpose of Side B Coverage](/img/icons/loading.webp "The Purpose of Side B Coverage")

Lesson

The Purpose of Side B Coverage

![How Corporate Indemnification Triggers Side B](/img/icons/loading.webp "How Corporate Indemnification Triggers Side B")

Lesson

How Corporate Indemnification Triggers Side B

![The Interplay Between Corporate By Laws and Side B](/img/icons/loading.webp "The Interplay Between Corporate By Laws and Side B")

Lesson

The Interplay Between Corporate By Laws and Side B

![Deductibles and Retentions in Side B](/img/icons/loading.webp "Deductibles and Retentions in Side B")

Lesson

Deductibles and Retentions in Side B

![Advancing Defense Costs under Side B](/img/icons/loading.webp "Advancing Defense Costs under Side B")

Lesson

Advancing Defense Costs under Side B

![Side C Coverage (Entity Coverage)](/img/icons/loading.webp "Side C Coverage (Entity Coverage)")

Topic

Side C Coverage (Entity Coverage)

4 lessons

![The Evolution of Entity Coverage](/img/icons/loading.webp "The Evolution of Entity Coverage")

Lesson

The Evolution of Entity Coverage

![Securities Claims and Side C (Public Companies)](/img/icons/loading.webp "Securities Claims and Side C (Public Companies)")

Lesson

Securities Claims and Side C (Public Companies)

![Broad Entity Coverage (Private Companies)](/img/icons/loading.webp "Broad Entity Coverage (Private Companies)")

Lesson

Broad Entity Coverage (Private Companies)

![The Threat of Limit Exhaustion by the Entity](/img/icons/loading.webp "The Threat of Limit Exhaustion by the Entity")

Lesson

The Threat of Limit Exhaustion by the Entity

![Interplay and Stacking of Insuring Agreements](/img/icons/loading.webp "Interplay and Stacking of Insuring Agreements")

Topic

Interplay and Stacking of Insuring Agreements

5 lessons

![How Sides A, B, and C Share Policy Limits](/img/icons/loading.webp "How Sides A, B, and C Share Policy Limits")

Lesson

How Sides A, B, and C Share Policy Limits

![Priority of Payments Provisions (Order of Payout)](/img/icons/loading.webp "Priority of Payments Provisions (Order of Payout)")

Lesson

Priority of Payments Provisions (Order of Payout)

![Protecting Directors from Entity Limit Depletion](/img/icons/loading.webp "Protecting Directors from Entity Limit Depletion")

Lesson

Protecting Directors from Entity Limit Depletion

![Bankruptcy Court Interventions and Side A/B/C](/img/icons/loading.webp "Bankruptcy Court Interventions and Side A/B/C")

Lesson

Bankruptcy Court Interventions and Side A/B/C

![Case Study: Complex Claim Utilizing All Three Sides](/img/icons/loading.webp "Case Study: Complex Claim Utilizing All Three Sides")

Lesson

Case Study: Complex Claim Utilizing All Three Sides

![Navigating Definitions: Damages, Losses, and Insureds](/img/icons/loading.webp "Navigating Definitions: Damages, Losses, and Insureds")

Module

Navigating Definitions: Damages, Losses, and Insureds

4 topics

![Defining "Covered Damages"](/img/icons/loading.webp "Defining \"Covered Damages\"")

Topic

Defining "Covered Damages"

5 lessons

![Standard Definitions of Damages in D&O](/img/icons/loading.webp "Standard Definitions of Damages in D&O")

Lesson

Standard Definitions of Damages in D&O

![Compensatory Damages Explained](/img/icons/loading.webp "Compensatory Damages Explained")

Lesson

Compensatory Damages Explained

![Plaintiff's Attorney Fees and Pre/Post Judgment Interest](/img/icons/loading.webp "Plaintiff's Attorney Fees and Pre/Post Judgment Interest")

Lesson

Plaintiff's Attorney Fees and Pre/Post Judgment Interest

![Multiplied Damages: What is Covered?](/img/icons/loading.webp "Multiplied Damages: What is Covered?")

Lesson

Multiplied Damages: What is Covered?

![Non Monetary Relief and Defense Only Provisions](/img/icons/loading.webp "Non Monetary Relief and Defense Only Provisions")

Lesson

Non Monetary Relief and Defense Only Provisions

![Defining "Covered Losses"](/img/icons/loading.webp "Defining \"Covered Losses\"")

Topic

Defining "Covered Losses"

5 lessons

![The Distinction Between "Damages" and "Losses"](/img/icons/loading.webp "The Distinction Between \"Damages\" and \"Losses\"")

Lesson

The Distinction Between "Damages" and "Losses"

![Defense Costs as Part of Covered Loss](/img/icons/loading.webp "Defense Costs as Part of Covered Loss")

Lesson

Defense Costs as Part of Covered Loss

![Settlement Costs and Consent Requirements](/img/icons/loading.webp "Settlement Costs and Consent Requirements")

Lesson

Settlement Costs and Consent Requirements

![Fines, Penalties, and Taxes: Standard Exclusions from Loss](/img/icons/loading.webp "Fines, Penalties, and Taxes: Standard Exclusions from Loss")

Lesson

Fines, Penalties, and Taxes: Standard Exclusions from Loss

![Uninsurable Matters Under the Law (Public Policy Constraints)](/img/icons/loading.webp "Uninsurable Matters Under the Law (Public Policy Constraints)")

Lesson

Uninsurable Matters Under the Law (Public Policy Constraints)

![Punitive Damages and Insurability](/img/icons/loading.webp "Punitive Damages and Insurability")

Topic

Punitive Damages and Insurability

5 lessons

![The Definition of Punitive and Exemplary Damages](/img/icons/loading.webp "The Definition of Punitive and Exemplary Damages")

Lesson

The Definition of Punitive and Exemplary Damages

![State Laws Governing the Insurability of Punitive Damages](/img/icons/loading.webp "State Laws Governing the Insurability of Punitive Damages")

Lesson

State Laws Governing the Insurability of Punitive Damages

![Most Favorable Jurisdiction Clauses](/img/icons/loading.webp "Most Favorable Jurisdiction Clauses")

Lesson

Most Favorable Jurisdiction Clauses

![Wrap Around Policies and Offshore Solutions for Punitive Damages](/img/icons/loading.webp "Wrap Around Policies and Offshore Solutions for Punitive Damages")

Lesson

Wrap Around Policies and Offshore Solutions for Punitive Damages

![Negotiating Punitive Damage Wording in Renewals](/img/icons/loading.webp "Negotiating Punitive Damage Wording in Renewals")

Lesson

Negotiating Punitive Damage Wording in Renewals

![Who is an Insured?](/img/icons/loading.webp "Who is an Insured?")

Topic

Who is an Insured?

5 lessons

![Past, Present, and Future Directors and Officers](/img/icons/loading.webp "Past, Present, and Future Directors and Officers")

Lesson

Past, Present, and Future Directors and Officers

![Coverage for Spouses and Domestic Partners](/img/icons/loading.webp "Coverage for Spouses and Domestic Partners")

Lesson

Coverage for Spouses and Domestic Partners

![Heirs, Estates, and Legal Representatives](/img/icons/loading.webp "Heirs, Estates, and Legal Representatives")

Lesson

Heirs, Estates, and Legal Representatives

![Defining Employees, Volunteers, and Committee Members](/img/icons/loading.webp "Defining Employees, Volunteers, and Committee Members")

Lesson

Defining Employees, Volunteers, and Committee Members

![Outside Directorship Liability (ODL) Coverage](/img/icons/loading.webp "Outside Directorship Liability (ODL) Coverage")

Lesson

Outside Directorship Liability (ODL) Coverage

![Financial Provisions: Limits, Retentions, and Coinsurance](/img/icons/loading.webp "Financial Provisions: Limits, Retentions, and Coinsurance")

Module

Financial Provisions: Limits, Retentions, and Coinsurance

4 topics

![Understanding Policy Limits](/img/icons/loading.webp "Understanding Policy Limits")

Topic

Understanding Policy Limits

5 lessons

![Aggregate Limits vs Per Claim Limits](/img/icons/loading.webp "Aggregate Limits vs Per Claim Limits")

Lesson

Aggregate Limits vs Per Claim Limits

![How Defense Costs Erode the Limit of Liability](/img/icons/loading.webp "How Defense Costs Erode the Limit of Liability")

Lesson

How Defense Costs Erode the Limit of Liability

![Evaluating the Adequacy of Limits](/img/icons/loading.webp "Evaluating the Adequacy of Limits")

Lesson

Evaluating the Adequacy of Limits

![Reinstatement of Limits and "Dropdown" Provisions](/img/icons/loading.webp "Reinstatement of Limits and \"Dropdown\" Provisions")

Lesson

Reinstatement of Limits and "Dropdown" Provisions

![The Role of Excess D&O and Tower Structuring](/img/icons/loading.webp "The Role of Excess D&O and Tower Structuring")

Lesson

The Role of Excess D&O and Tower Structuring

![Retentions and Deductibles](/img/icons/loading.webp "Retentions and Deductibles")

Topic

Retentions and Deductibles

5 lessons

![Self Insured Retentions (SIRs) vs Deductibles](/img/icons/loading.webp "Self Insured Retentions (SIRs) vs Deductibles")

Lesson

Self Insured Retentions (SIRs) vs Deductibles

![How Retentions Apply Across Sides A, B, and C](/img/icons/loading.webp "How Retentions Apply Across Sides A, B, and C")

Lesson

How Retentions Apply Across Sides A, B, and C

![Splitting Retentions for Different Claim Types (e.g., Securities vs EPL)](/img/icons/loading.webp "Splitting Retentions for Different Claim Types (e.g., Securities vs EPL)")

Lesson

Splitting Retentions for Different Claim Types (e.g., Securities vs EPL)

![The "Presumptive Indemnification" Clause and Retentions](/img/icons/loading.webp "The \"Presumptive Indemnification\" Clause and Retentions")

Lesson

The "Presumptive Indemnification" Clause and Retentions

![Strategies for Managing High Retentions](/img/icons/loading.webp "Strategies for Managing High Retentions")

Lesson

Strategies for Managing High Retentions

![Coinsurance Clauses](/img/icons/loading.webp "Coinsurance Clauses")

Topic

Coinsurance Clauses

5 lessons

![The Function of Coinsurance in D&O Policies](/img/icons/loading.webp "The Function of Coinsurance in D&O Policies")

Lesson

The Function of Coinsurance in D&O Policies

![Historical Context: Why Coinsurance Was Introduced](/img/icons/loading.webp "Historical Context: Why Coinsurance Was Introduced")

Lesson

Historical Context: Why Coinsurance Was Introduced

![Typical Coinsurance Percentages and Caps](/img/icons/loading.webp "Typical Coinsurance Percentages and Caps")

Lesson

Typical Coinsurance Percentages and Caps

![Calculating Payouts with Coinsurance and Retentions](/img/icons/loading.webp "Calculating Payouts with Coinsurance and Retentions")

Lesson

Calculating Payouts with Coinsurance and Retentions

![Negotiating the Removal of Coinsurance](/img/icons/loading.webp "Negotiating the Removal of Coinsurance")

Lesson

Negotiating the Removal of Coinsurance

![Advancing Defense Costs and Allocation](/img/icons/loading.webp "Advancing Defense Costs and Allocation")

Topic

Advancing Defense Costs and Allocation

5 lessons

![The Duty to Defend vs The Duty to Pay/Reimburse](/img/icons/loading.webp "The Duty to Defend vs The Duty to Pay/Reimburse")

Lesson

The Duty to Defend vs The Duty to Pay/Reimburse

![Timing of Defense Cost Advancements](/img/icons/loading.webp "Timing of Defense Cost Advancements")

Lesson

Timing of Defense Cost Advancements

![Allocation Between Covered and Uncovered Claims](/img/icons/loading.webp "Allocation Between Covered and Uncovered Claims")

Lesson

Allocation Between Covered and Uncovered Claims

![Allocation Between Covered and Uncovered Parties](/img/icons/loading.webp "Allocation Between Covered and Uncovered Parties")

Lesson

Allocation Between Covered and Uncovered Parties

![Predetermined Allocation Percentages](/img/icons/loading.webp "Predetermined Allocation Percentages")

Lesson

Predetermined Allocation Percentages

![Analyzing D&O Exclusions](/img/icons/loading.webp "Analyzing D&O Exclusions")

Module

Analyzing D&O Exclusions

4 topics

![Conduct Exclusions](/img/icons/loading.webp "Conduct Exclusions")

Topic

Conduct Exclusions

5 lessons

![The Fraud and Dishonesty Exclusion](/img/icons/loading.webp "The Fraud and Dishonesty Exclusion")

Lesson

The Fraud and Dishonesty Exclusion

![The Personal Profit and Illegal Remuneration Exclusion](/img/icons/loading.webp "The Personal Profit and Illegal Remuneration Exclusion")

Lesson

The Personal Profit and Illegal Remuneration Exclusion

!["In Fact" vs "Final Adjudication" Triggers](/img/icons/loading.webp "\"In Fact\" vs \"Final Adjudication\" Triggers")

Lesson

"In Fact" vs "Final Adjudication" Triggers

![Non Imputation Provisions for Conduct Exclusions](/img/icons/loading.webp "Non Imputation Provisions for Conduct Exclusions")

Lesson

Non Imputation Provisions for Conduct Exclusions

![Preserving Defense Costs Under Conduct Exclusions](/img/icons/loading.webp "Preserving Defense Costs Under Conduct Exclusions")

Lesson

Preserving Defense Costs Under Conduct Exclusions

![Prior Acts and Prior Notice Exclusions](/img/icons/loading.webp "Prior Acts and Prior Notice Exclusions")

Topic

Prior Acts and Prior Notice Exclusions

5 lessons

![Prior and Pending Litigation Exclusions](/img/icons/loading.webp "Prior and Pending Litigation Exclusions")

Lesson

Prior and Pending Litigation Exclusions

![Setting and Maintaining Pending/Prior Dates](/img/icons/loading.webp "Setting and Maintaining Pending/Prior Dates")

Lesson

Setting and Maintaining Pending/Prior Dates

![Prior Notice Exclusions (The Interlocking Clause)](/img/icons/loading.webp "Prior Notice Exclusions (The Interlocking Clause)")

Lesson

Prior Notice Exclusions (The Interlocking Clause)

![Managing Retroactive Date Gaps](/img/icons/loading.webp "Managing Retroactive Date Gaps")

Lesson

Managing Retroactive Date Gaps

![Case Studies: Claims Denied due to Prior Acts](/img/icons/loading.webp "Case Studies: Claims Denied due to Prior Acts")

Lesson

Case Studies: Claims Denied due to Prior Acts

![Insured vs Insured (IvI) and Entity vs Insured Exclusions](/img/icons/loading.webp "Insured vs Insured (IvI) and Entity vs Insured Exclusions")

Topic

Insured vs Insured (IvI) and Entity vs Insured Exclusions

5 lessons

![The Rationale Behind the IvI Exclusion (Preventing Collusion)](/img/icons/loading.webp "The Rationale Behind the IvI Exclusion (Preventing Collusion)")

Lesson

The Rationale Behind the IvI Exclusion (Preventing Collusion)

![Shift to Entity vs Insured Exclusions](/img/icons/loading.webp "Shift to Entity vs Insured Exclusions")

Lesson

Shift to Entity vs Insured Exclusions

![Bankruptcy Trustee Exceptions](/img/icons/loading.webp "Bankruptcy Trustee Exceptions")

Lesson

Bankruptcy Trustee Exceptions

![Whistleblower Exceptions](/img/icons/loading.webp "Whistleblower Exceptions")

Lesson

Whistleblower Exceptions

![Former Director and Derivative Suit Exceptions](/img/icons/loading.webp "Former Director and Derivative Suit Exceptions")

Lesson

Former Director and Derivative Suit Exceptions

![Standard Overlap Exclusions](/img/icons/loading.webp "Standard Overlap Exclusions")

Topic

Standard Overlap Exclusions

5 lessons

![Bodily Injury and Property Damage (BI/PD) Exclusions](/img/icons/loading.webp "Bodily Injury and Property Damage (BI/PD) Exclusions")

Lesson

Bodily Injury and Property Damage (BI/PD) Exclusions

![ERISA / Fiduciary Liability Exclusions](/img/icons/loading.webp "ERISA / Fiduciary Liability Exclusions")

Lesson

ERISA / Fiduciary Liability Exclusions

![Professional Services (E&O) Exclusions](/img/icons/loading.webp "Professional Services (E&O) Exclusions")

Lesson

Professional Services (E&O) Exclusions

![Absolute Pollution Exclusions vs Carve Outs for D&O](/img/icons/loading.webp "Absolute Pollution Exclusions vs Carve Outs for D&O")

Lesson

Absolute Pollution Exclusions vs Carve Outs for D&O

![Cyber Incident Exclusions in Modern D&O](/img/icons/loading.webp "Cyber Incident Exclusions in Modern D&O")

Lesson

Cyber Incident Exclusions in Modern D&O

![Critical Policy Conditions](/img/icons/loading.webp "Critical Policy Conditions")

Module

Critical Policy Conditions

4 topics

![Severability Clauses](/img/icons/loading.webp "Severability Clauses")

Topic

Severability Clauses

5 lessons

![Understanding Severability of the Application](/img/icons/loading.webp "Understanding Severability of the Application")

Lesson

Understanding Severability of the Application

![Full vs Partial Severability](/img/icons/loading.webp "Full vs Partial Severability")

Lesson

Full vs Partial Severability

![Innocent Director Protection](/img/icons/loading.webp "Innocent Director Protection")

Lesson

Innocent Director Protection

![Severability of Exclusions](/img/icons/loading.webp "Severability of Exclusions")

Lesson

Severability of Exclusions

![The Impact of Application Misrepresentation](/img/icons/loading.webp "The Impact of Application Misrepresentation")

Lesson

The Impact of Application Misrepresentation

![Subrogation and Other Insurance](/img/icons/loading.webp "Subrogation and Other Insurance")

Topic

Subrogation and Other Insurance

5 lessons

![Carrier Subrogation Rights](/img/icons/loading.webp "Carrier Subrogation Rights")

Lesson

Carrier Subrogation Rights

![Waiver of Subrogation Against Insureds](/img/icons/loading.webp "Waiver of Subrogation Against Insureds")

Lesson

Waiver of Subrogation Against Insureds

![The "Other Insurance" Clause Explained](/img/icons/loading.webp "The \"Other Insurance\" Clause Explained")

Lesson

The "Other Insurance" Clause Explained

![Primary vs Excess Language in Other Insurance](/img/icons/loading.webp "Primary vs Excess Language in Other Insurance")

Lesson

Primary vs Excess Language in Other Insurance

![Coordinating Indemnification with Outside Directorships](/img/icons/loading.webp "Coordinating Indemnification with Outside Directorships")

Lesson

Coordinating Indemnification with Outside Directorships

![Cancellation and Non Renewal](/img/icons/loading.webp "Cancellation and Non Renewal")

Topic

Cancellation and Non Renewal

5 lessons

![Statutory vs Policy Cancellation Rights](/img/icons/loading.webp "Statutory vs Policy Cancellation Rights")

Lesson

Statutory vs Policy Cancellation Rights

![Notice Requirements for Cancellation](/img/icons/loading.webp "Notice Requirements for Cancellation")

Lesson

Notice Requirements for Cancellation

![Non Renewal Triggers and Broker Strategies](/img/icons/loading.webp "Non Renewal Triggers and Broker Strategies")

Lesson

Non Renewal Triggers and Broker Strategies

![Premium Payment Conditions](/img/icons/loading.webp "Premium Payment Conditions")

Lesson

Premium Payment Conditions

![Right to Earned Premium in M&A Situations](/img/icons/loading.webp "Right to Earned Premium in M&A Situations")

Lesson

Right to Earned Premium in M&A Situations

![Arbitration and Presumptive Indemnification](/img/icons/loading.webp "Arbitration and Presumptive Indemnification")

Topic

Arbitration and Presumptive Indemnification

5 lessons

![Mandatory vs Optional Arbitration Clauses](/img/icons/loading.webp "Mandatory vs Optional Arbitration Clauses")

Lesson

Mandatory vs Optional Arbitration Clauses

![Venue and Choice of Law Provisions](/img/icons/loading.webp "Venue and Choice of Law Provisions")

Lesson

Venue and Choice of Law Provisions

![The Mechanics of Presumptive Indemnification](/img/icons/loading.webp "The Mechanics of Presumptive Indemnification")

Lesson

The Mechanics of Presumptive Indemnification

![Alter Ego Clauses and Bankruptcy](/img/icons/loading.webp "Alter Ego Clauses and Bankruptcy")

Lesson

Alter Ego Clauses and Bankruptcy

![Managing Disputes with the Carrier](/img/icons/loading.webp "Managing Disputes with the Carrier")

Lesson

Managing Disputes with the Carrier

![The Intersection with Employment Practices Liability (EPL)](/img/icons/loading.webp "The Intersection with Employment Practices Liability (EPL)")

Module

The Intersection with Employment Practices Liability (EPL)

4 topics

![Basics of EPL Coverage within D&O](/img/icons/loading.webp "Basics of EPL Coverage within D&O")

Topic

Basics of EPL Coverage within D&O

5 lessons

![What is Employment Practices Liability?](/img/icons/loading.webp "What is Employment Practices Liability?")

Lesson

What is Employment Practices Liability?

![Common EPL Claims: Discrimination, Harassment, Wrongful Termination](/img/icons/loading.webp "Common EPL Claims: Discrimination, Harassment, Wrongful Termination")

Lesson

Common EPL Claims: Discrimination, Harassment, Wrongful Termination

![Why EPL is Frequently Packaged with Private D&O](/img/icons/loading.webp "Why EPL is Frequently Packaged with Private D&O")

Lesson

Why EPL is Frequently Packaged with Private D&O

![Identifying EPL Triggers inside the D&O Form](/img/icons/loading.webp "Identifying EPL Triggers inside the D&O Form")

Lesson

Identifying EPL Triggers inside the D&O Form

![Third Party EPL Coverage Basics](/img/icons/loading.webp "Third Party EPL Coverage Basics")

Lesson

Third Party EPL Coverage Basics

![Limits and Retentions in Combined Policies](/img/icons/loading.webp "Limits and Retentions in Combined Policies")

Topic

Limits and Retentions in Combined Policies

5 lessons

![Shared vs Separate Limits for D&O and EPL](/img/icons/loading.webp "Shared vs Separate Limits for D&O and EPL")

Lesson

Shared vs Separate Limits for D&O and EPL

![The Danger of Shared Limits (Eroding D&O Protection)](/img/icons/loading.webp "The Danger of Shared Limits (Eroding D&O Protection)")

Lesson

The Danger of Shared Limits (Eroding D&O Protection)

![Split Retentions for D&O vs EPL Claims](/img/icons/loading.webp "Split Retentions for D&O vs EPL Claims")

Lesson

Split Retentions for D&O vs EPL Claims

![Defense Within Limits Impact on High Volume EPL Claims](/img/icons/loading.webp "Defense Within Limits Impact on High Volume EPL Claims")

Lesson

Defense Within Limits Impact on High Volume EPL Claims

![Wage and Hour Defense Sub limits](/img/icons/loading.webp "Wage and Hour Defense Sub limits")

Lesson

Wage and Hour Defense Sub limits

![Expanding EPL Coverage via Endorsements](/img/icons/loading.webp "Expanding EPL Coverage via Endorsements")

Topic

Expanding EPL Coverage via Endorsements

5 lessons

![Adding Broad Definition of "Employee"](/img/icons/loading.webp "Adding Broad Definition of \"Employee\"")

Lesson

Adding Broad Definition of "Employee"

![Immigration Proceeding Defense Endorsements](/img/icons/loading.webp "Immigration Proceeding Defense Endorsements")

Lesson

Immigration Proceeding Defense Endorsements

![Workplace Violence Sub limits](/img/icons/loading.webp "Workplace Violence Sub limits")

Lesson

Workplace Violence Sub limits

![Independent Contractor Coverage Extensions](/img/icons/loading.webp "Independent Contractor Coverage Extensions")

Lesson

Independent Contractor Coverage Extensions

![Modifying Intentional Acts Exclusions for EPL](/img/icons/loading.webp "Modifying Intentional Acts Exclusions for EPL")

Lesson

Modifying Intentional Acts Exclusions for EPL

![Coordinating Standalone Policies](/img/icons/loading.webp "Coordinating Standalone Policies")

Topic

Coordinating Standalone Policies

5 lessons

![When to Move from Combined to Standalone EPL](/img/icons/loading.webp "When to Move from Combined to Standalone EPL")

Lesson

When to Move from Combined to Standalone EPL

![Preventing Gap and Overlap with Standalone Policies](/img/icons/loading.webp "Preventing Gap and Overlap with Standalone Policies")

Lesson

Preventing Gap and Overlap with Standalone Policies

![Coordinating Claims Notice between D&O and EPL Carriers](/img/icons/loading.webp "Coordinating Claims Notice between D&O and EPL Carriers")

Lesson

Coordinating Claims Notice between D&O and EPL Carriers

![Managing EPL Exclusions on the D&O Policy](/img/icons/loading.webp "Managing EPL Exclusions on the D&O Policy")

Lesson

Managing EPL Exclusions on the D&O Policy

![Agent/Broker Strategies for Presenting Combined vs Standalone](/img/icons/loading.webp "Agent/Broker Strategies for Presenting Combined vs Standalone")

Lesson

Agent/Broker Strategies for Presenting Combined vs Standalone

![Privately Held Organizations vs Public Companies](/img/icons/loading.webp "Privately Held Organizations vs Public Companies")

Module

Privately Held Organizations vs Public Companies

4 topics

![Exposures of Privately Held Companies](/img/icons/loading.webp "Exposures of Privately Held Companies")

Topic

Exposures of Privately Held Companies

5 lessons

![The Myth of "No Shareholders, No Risk"](/img/icons/loading.webp "The Myth of \"No Shareholders, No Risk\"")

Lesson

The Myth of "No Shareholders, No Risk"

![Minority Shareholder Oppression Suits](/img/icons/loading.webp "Minority Shareholder Oppression Suits")

Lesson

Minority Shareholder Oppression Suits

![Family Business Disputes and Succession Conflicts](/img/icons/loading.webp "Family Business Disputes and Succession Conflicts")

Lesson

Family Business Disputes and Succession Conflicts

![Creditor, Supplier, and Customer Lawsuits](/img/icons/loading.webp "Creditor, Supplier, and Customer Lawsuits")

Lesson

Creditor, Supplier, and Customer Lawsuits

![Regulatory Exposures for Private Firms (Antitrust, OSHA)](/img/icons/loading.webp "Regulatory Exposures for Private Firms (Antitrust, OSHA)")

Lesson

Regulatory Exposures for Private Firms (Antitrust, OSHA)

![Tailoring Coverage for Private Organizations](/img/icons/loading.webp "Tailoring Coverage for Private Organizations")

Topic

Tailoring Coverage for Private Organizations

5 lessons

![The Broad Entity Coverage (Side C) Advantage](/img/icons/loading.webp "The Broad Entity Coverage (Side C) Advantage")

Lesson

The Broad Entity Coverage (Side C) Advantage

![Major Exclusions Unique to Private Company D&O](/img/icons/loading.webp "Major Exclusions Unique to Private Company D&O")

Lesson

Major Exclusions Unique to Private Company D&O

![The "Major Shareholder" Exclusion](/img/icons/loading.webp "The \"Major Shareholder\" Exclusion")

Lesson

The "Major Shareholder" Exclusion

![Mergers and Acquisitions (M&A) Exposures for Private Firms](/img/icons/loading.webp "Mergers and Acquisitions (M&A) Exposures for Private Firms")

Lesson

Mergers and Acquisitions (M&A) Exposures for Private Firms

![Structuring Coverage for Private Equity (PE) Backed Firms](/img/icons/loading.webp "Structuring Coverage for Private Equity (PE) Backed Firms")

Lesson

Structuring Coverage for Private Equity (PE) Backed Firms

![Contrasting Public vs Private D&O Policies](/img/icons/loading.webp "Contrasting Public vs Private D&O Policies")

Topic

Contrasting Public vs Private D&O Policies

5 lessons

![Differences in the Definition of "Securities Claim"](/img/icons/loading.webp "Differences in the Definition of \"Securities Claim\"")

Lesson

Differences in the Definition of "Securities Claim"

![Cost Disparities: Pricing Models for Public vs Private](/img/icons/loading.webp "Cost Disparities: Pricing Models for Public vs Private")

Lesson

Cost Disparities: Pricing Models for Public vs Private

![Differences in Insured vs Insured Application](/img/icons/loading.webp "Differences in Insured vs Insured Application")

Lesson

Differences in Insured vs Insured Application

![IPOs and De SPACs: Transitioning from Private to Public D&O](/img/icons/loading.webp "IPOs and De SPACs: Transitioning from Private to Public D&O")

Lesson

IPOs and De SPACs: Transitioning from Private to Public D&O

![Reporting Requirements: SEC vs Private Financials](/img/icons/loading.webp "Reporting Requirements: SEC vs Private Financials")

Lesson

Reporting Requirements: SEC vs Private Financials

![Special Non Profit and Startup Considerations](/img/icons/loading.webp "Special Non Profit and Startup Considerations")

Topic

Special Non Profit and Startup Considerations

5 lessons

![Core D&O Exposures for Non Profits (Donors, Beneficiaries)](/img/icons/loading.webp "Core D&O Exposures for Non Profits (Donors, Beneficiaries)")

Lesson

Core D&O Exposures for Non Profits (Donors, Beneficiaries)

![Volunteer Director Immunity Laws and Their Limitations](/img/icons/loading.webp "Volunteer Director Immunity Laws and Their Limitations")

Lesson

Volunteer Director Immunity Laws and Their Limitations

![Structuring D&O for Early Stage Tech Startups](/img/icons/loading.webp "Structuring D&O for Early Stage Tech Startups")

Lesson

Structuring D&O for Early Stage Tech Startups

![Founder Disputes and Intellectual Property Theft Allegations](/img/icons/loading.webp "Founder Disputes and Intellectual Property Theft Allegations")

Lesson

Founder Disputes and Intellectual Property Theft Allegations

![Funding Rounds (Series A/B) and Scaling Limits](/img/icons/loading.webp "Funding Rounds (Series A/B) and Scaling Limits")

Lesson

Funding Rounds (Series A/B) and Scaling Limits

![Underwriting, Claims Handling, and Market Trends](/img/icons/loading.webp "Underwriting, Claims Handling, and Market Trends")

Module

Underwriting, Claims Handling, and Market Trends

4 topics

![The Underwriting Process](/img/icons/loading.webp "The Underwriting Process")

Topic

The Underwriting Process

5 lessons

![Key Information Required: The D&O Application](/img/icons/loading.webp "Key Information Required: The D&O Application")

Lesson

Key Information Required: The D&O Application

![Analyzing Financial Statements (Balance Sheets, Cash Flow)](/img/icons/loading.webp "Analyzing Financial Statements (Balance Sheets, Cash Flow)")

Lesson

Analyzing Financial Statements (Balance Sheets, Cash Flow)

![Assessing Corporate Governance and Board Composition](/img/icons/loading.webp "Assessing Corporate Governance and Board Composition")

Lesson

Assessing Corporate Governance and Board Composition

![Underwriting Mergers, Acquisitions, and Bankruptcies](/img/icons/loading.webp "Underwriting Mergers, Acquisitions, and Bankruptcies")

Lesson

Underwriting Mergers, Acquisitions, and Bankruptcies

![The Carrier Interview: Pre Underwriting Calls with the C Suite](/img/icons/loading.webp "The Carrier Interview: Pre Underwriting Calls with the C Suite")

Lesson

The Carrier Interview: Pre Underwriting Calls with the C Suite

![Claims Handling and Management](/img/icons/loading.webp "Claims Handling and Management")

Topic

Claims Handling and Management

5 lessons

![Step by Step: From Incident to Claim Resolution](/img/icons/loading.webp "Step by Step: From Incident to Claim Resolution")

Lesson

Step by Step: From Incident to Claim Resolution

![Selecting Panel Counsel vs Off Panel Counsel](/img/icons/loading.webp "Selecting Panel Counsel vs Off Panel Counsel")

Lesson

Selecting Panel Counsel vs Off Panel Counsel

![Tripartite Relationship: Carrier, Defense Counsel, and Insured](/img/icons/loading.webp "Tripartite Relationship: Carrier, Defense Counsel, and Insured")

Lesson

Tripartite Relationship: Carrier, Defense Counsel, and Insured

![Navigating Consent to Settle Clauses (The Hammer Clause)](/img/icons/loading.webp "Navigating Consent to Settle Clauses (The Hammer Clause)")

Lesson

Navigating Consent to Settle Clauses (The Hammer Clause)

![Managing Bad Faith Claims against Carriers](/img/icons/loading.webp "Managing Bad Faith Claims against Carriers")

Lesson

Managing Bad Faith Claims against Carriers

![Risk Management Strategies](/img/icons/loading.webp "Risk Management Strategies")

Topic

Risk Management Strategies

5 lessons

![Drafting Strong Corporate Indemnification Agreements](/img/icons/loading.webp "Drafting Strong Corporate Indemnification Agreements")

Lesson

Drafting Strong Corporate Indemnification Agreements

![Board Protocols and Minute Taking Best Practices](/img/icons/loading.webp "Board Protocols and Minute Taking Best Practices")

Lesson

Board Protocols and Minute Taking Best Practices

![Avoiding Conflicts of Interest](/img/icons/loading.webp "Avoiding Conflicts of Interest")

Lesson

Avoiding Conflicts of Interest

![Implementing Internal Whistleblower Hotlines](/img/icons/loading.webp "Implementing Internal Whistleblower Hotlines")

Lesson

Implementing Internal Whistleblower Hotlines

![Annual D&O Coverage Audits for Risk Managers](/img/icons/loading.webp "Annual D&O Coverage Audits for Risk Managers")

Lesson

Annual D&O Coverage Audits for Risk Managers

![Emerging Trends and the Future of D&O](/img/icons/loading.webp "Emerging Trends and the Future of D&O")

Topic

Emerging Trends and the Future of D&O

5 lessons

![The Hard vs Soft Market Cycles in D&O](/img/icons/loading.webp "The Hard vs Soft Market Cycles in D&O")

Lesson

The Hard vs Soft Market Cycles in D&O

![The Impact of Social Inflation and Nuclear Verdicts](/img/icons/loading.webp "The Impact of Social Inflation and Nuclear Verdicts")

Lesson

The Impact of Social Inflation and Nuclear Verdicts

![AI and Algorithmic Liability for Board Members](/img/icons/loading.webp "AI and Algorithmic Liability for Board Members")

Lesson

AI and Algorithmic Liability for Board Members

![The Rise of ESG Related Litigation](/img/icons/loading.webp "The Rise of ESG Related Litigation")

Lesson

The Rise of ESG Related Litigation

![Summary and Final Course Assessment Preparation](/img/icons/loading.webp "Summary and Final Course Assessment Preparation")

Lesson

Summary and Final Course Assessment Preparation

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