D&O insurance is widely held by almost every public corporation, as well as by many private and not-for-profit corporations. It is not well understood by lawyers and differs significantly from more familiar policies such as commercial general liability (CGL) insurance and property coverage. Despite being broadly written as a type of all-risk policy, it excludes the core coverage of a CGL policy – bodily injury, damage to tangible property, and sometimes personal injury torts.
This lecture, presented by Weber Gallagher's partner Joseph Monteleone, will focus on the key features of the D&O policy and practical suggestions as to working with the insurers in the defense and resolution of claims under the policy. Recent developments in important case law from New York, New Jersey, and other key jurisdictions will also be discussed, along with general updates in D&O insurance. Lastly, Mr. Monteleone will also discuss COVID-19 implications for D&O insurance.
Joseph Monteleone has more than 30 years of experience in the insurance arena, both in the private practice of law and as an insurance company claims executive.
A partner in Rivkin Radler’s Directors & Officers Liability and Insurance Coverage & Litigation Practice Groups, Joe represents insurers in coverage litigation, regulatory matters, and arbitrations. He also provides coverage advice and monitoring of underlying litigation in the areas of professional liability, errors and omissions (“E&O”), directors and officers (“D&O”), employment practices liability (“EPL”), and other claims-made insurance products. Joe drafts policy forms and endorsement language, and provides legal consulting services to D&O, E&O, and professional liability lines insurers.
In addition, Joe provides expert witness testimony on issues of coverage and bad faith allegations. He also serves as arbitrator or mediator in disputes involving insurance and reinsurance coverage.
Joe has been cited for excellence in Chambers USA America’s Leading Lawyers for Business. He also has been named a New York Super Lawyer by New York Super Lawyers – Metro magazine since 2006 in the areas of Insurance Coverage and Alternative Dispute Resolution.
Before returning to the private practice of law in 2005, Joe served in claims executive positions for 20 years at insurance carriers, with wide-ranging responsibilities for D&O, E&O, professional liability, fidelity, healthcare, and other specialty lines. He started his insurance career in 1980 in the areas of toxic tort and environmental exposure claims.
Joe has been an active member of the Professional Liability Underwriters Society (“PLUS”) since 1988 and served on its board of trustees from 1997 to 2003. He is a past chair of the PLUS education committee and co-chair of the curriculum committee. Joe also was a founder and co-chair of the PLUS D&O Symposium, the signature event in the area of D&O insurance.
A member of the American Bar Association since 1980, Joe currently is a vice chair of the Professional, Officers and Directors Liability Committee of the ABA’s Tort Trial and Insurance Practice Section. He is a frequent author and speaker, having written more than 100 papers, books, chapters, and texts. He has made more than 200 presentations throughout the United States, Canada, Mexico, the United Kingdom, Ireland, The Netherlands, and Singapore.
From 2010 through early 2014, Joe was the primary author of The D&O and E&O Monitor blog.