COVID-19 Directors and Officers (D&O) Coverage Litigation


Summary

This practice note addresses insurance coverage litigation involving policyholders who seek coverage under directors and officers liability policies (D&O policies) for claims associated with the COVID-19 pandemic. The note will discuss the interaction of pandemic-related liabilities with D&O coverage provisions, from insuring agreement items to policy exclusions. In doing so, it will make reference to practical litigation considerations like areas of discovery, burden of proof issues, and claims-made coverage principles.