Howard Epstein and Theodore Keyes Insured Capacity and Outside Capacity: Status Matters
D&O liability insurance policies provide coverage for claims arising out of wrongful acts committed by directors or officers of the insured entity—that is their insured capacity. By contrast, in policies where insured capacity is addressed by exclusion, the outside capacity exclusion will bar coverage for loss arising from claims relating to an insured person's conduct in any capacity other than as a director or officer of the insured entity.
January 25, 2024 at 09:35 AM
8 minute read
Directors and officers (D&O) or management liability insurance policies typically provide coverage for claims arising out of wrongful acts committed by directors or officers (and often also employees) in their role as directors or officers of the insured entity—that is their insured capacity. The insurance contract typically makes this insured capacity limitation clear through either the definition of wrongful act or through an exclusion.
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