Eric Jesse

Eric Jesse

October 26, 2017 | FC&S Insurance

Directors, Officers, Creditors Beware: D&O Coverage Narrowed in Bankruptcy Cases

Companies purchase directors and officers (D&O) insurance to shield management from personal liability related to the business and to attract talent.…

By Wojciech F. Jung and Eric Jesse David M. Banker

8 minute read

September 27, 2017 | New York Law Journal

Directors, Officers, Creditors Beware: D&O Coverage Narrowed in Bankruptcy Cases

David M. Banker, Wojciech F. Jung and Eric Jesse write that the benefits of directors and officers insurance policies have been curtailed by the breadth of some courts' broad application of the "insured vs. insured" exclusion, which is common to D&O policies. Some courts have expanded the exclusion's scope to reach claims brought by or on behalf of the bankruptcy estate against insured directors and officers. Nevertheless, there are certain steps that bankruptcy and insurance practitioners can take to avoid or minimize the pitfalls of the insured vs. insured exclusion.

By David M. Banker, Wojciech F. Jung and Eric Jesse

7 minute read