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What Makes D&O Liability Insurance Unique? (Update)

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Produced on May 21, 2019

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Course Information

Time 1h 1m
Difficulty Intermediate
Topics covered in this course: Insurance

Course Description

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 partner Joseph Monteleone and Ty Sagalow of Innovation Insurance Group, 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.

Learning Objectives:

  1. Identify the basic insuring agreements under the policy
  2. Comprehend the absence of a duty to defend and defense costs included within limits of liability
  3. Grasp Side A only forms and corporate indemnification issues
  4. Gain familiarity with the concept of Notice of Circumstances – need for specificity
  5. Examine bankruptcy implications
  6. Explore settlement issues
  7. Review recent developments in relevant case law
  8. Discuss key contested exclusions and other issues such as war and terrorism, bump-up, and coverage for appraisal actions

Credit Information

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Ty R. Sagalow

Innovation Insurance Group

Ty R. Sagalow is President of Innovation Insurance Group, LLC. Mr. Sagalow is a 30-year veteran of the insurance industry, having held senior executive positions in underwriting, legal, and product development for major insurance companies. 

Mr. Sagalow is an expert in new product development in a range of insurance product lines, particularly cyber-insurance, directors & officers liability insurance, professional liability insurance, employment practices liability insurance, and reputation insurance. Additionally, with his unique background combining management and professional liability legal, underwriting, and policy drafting, Mr. Sagalow is one of the industry’s most sought-after experts in D&O/E&O coverage disputes.

Mr. Sagalow spent 25 years as a senior executive with AIG. His major positions included ten years as Chief Underwriting Officer and General Counsel for AIG Executive Liability (f/k/a National Union). National Union is the largest provider of management and professional liability insurance in the United States. From 2000 to 2005, he was Chief Operating Officer of AIG eBusiness Risk Solutions, a large provider of security and privacy insurance. From 2005 to 2009, he headed up new product development at AIG General Insurance as President of Product Development before moving to Zurich North America as Chief Innovation Officer. In April 2011, he departed Zurich to create Innovation Insurance Group. 

Products Mr. Sagalow has created have produced hundreds of millions of dollars of gross premium and include Y2k Insurance, (Entity Cover) Directors and Officers Insurance, Cyber Insurance, Reputation Insurance, and Intellectual Property Collateral Insurance.

Mr. Sagalow is a frequent author and speaker. His works include @Risk: Internet and E-Commerce Insurance and Reinsurance Legal Issues and Directors & Officers Insurance Handbook.

Mr. Sagalow has appeared on CNBC, WPIX-TV, PBS and Bloomberg Radio, and he has spoken before various tech, legal and insurance forums on issues including the White House, Department of Homeland Security, and Congress.

He is also the host of the series “Innovations in Insurance with Ty Sagalow,” produced by World Risk and Insurance News.

Mr. Sagalow has been interviewed on the topic of innovation by many organizations, including Harvard Business Review and Business Insurance.

He is a summa cum laude graduate of Long Island University, a cum laude graduate of Georgetown University Law Center, and he earned the LLM from New York University School of Law.

Joe Monteleone

Weber Gallagher Simpson Stapleton Fires & Newby LLP

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.


Zachary J.

great primer on D&O coverage!

Robert P.

Best of the 3 courses I have taken thus far.

Wilber A.


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