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Time Is Right For ClaimMadeSettlements In Securities Fraud Class Actions

Industry commentators share little doubt that we are in an ever-hardening directors & officers insurance market, a phenomenon that began earlier this year with fairly regular and sustained premium increases on renewals of expiring policies.

Concurrently, there has been an increase in the cost of reinsurance and a shrinkage of reinsurance capacity, as well as restrictions in the scope of coverage under the policies through more broadly-worded exclusions and introduction of significant coinsurance and/or pre-determined allocation factors.

While many of these factors were present in the last sustained hard market in the 1980s and seemingly will enable prudent insurers to write more D&O business, there is another compelling factor that should not be overlooked if either insurers or their policyholders are seeking to level the playing field with plaintiffs shareholders interests.

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