Outside Publication

Delaware Court Rejects Insurers’ Argument That Insureds Breached D&O Policies by Settling Merger-related Lawsuits Without Consent, Thomson Reuters Westlaw Practitioner Insights Commentaries

June 17, 2019

Sergio Oehninger co-authored an article for Thomson Reuters Westlaw Practitioner Insights Commentaries about a court ruling showing that whether an insurer can rely on an alleged breach of the policyholder’s duties to cooperate or seek consent to settlement in an effort to deny coverage under a liability policy often involves fact-intensive issues that courts will, generally, avoid solving as a matter of law. The article also stresses the importance of having interactions with insurers well-documented.