What are some common D&O insurance coverage exclusions?
D&O insurance policies generally also include a list of exclusions that carve out certain acts and types of liabilities from coverage under the policy. These exclusions, which are discussed below, generally fall into three categories: • Exclusions pertaining to the conduct of the insured that the insurer has deemed to be uninsurable or inappropriate for coverage. These exclusions constitute what one commentator has referred to as “corporate governance exclusions” because they “have their origin in principles of good corporate governance and, in particular, state statutory law regarding indemnification of directors and officers by the corporation and … laws exculpating directors and officers from liability in certain circumstances.” Exclusions pertaining to matters that should be covered under other insurance policies. The “insured versus insured” exclusion. The conduct exclusions in a D&O insurance policy prohibit coverage for acts that the insurance carrier determines are uninsurabl
