The Insurance Coverage Law Center has published “Goggin and the D&O Insurance 'Capacity' Exclusion: A Potential Coverage Gap for Private Equity and Other Investor-Designated Directors” in its Eye on the Experts column.
This Eye on the Experts article discusses a Delaware court ruling that a typical directors and officers policy's “capacity” exclusion may preclude coverage for acts that a director-designee takes in anything but his exclusive capacity as the insured company's board member and fiduciary.
Victoria Spears
Victoria Prussen Spears is senior vice president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. A graduate of Sarah Lawrence College and Brooklyn Law School, Ms. Spears was an attorney at a leading New York City law firm before joining Meyerowitz Communications. She may be contacted at [email protected].