The Delaware Superior Court, in Arch Insurance Co., et al. v. David H. Murdock, et al., C.A. No. N16C-01-104-EMD-CCLD, memo. op. (Del. Super. Jan. 17, 2020), addresses allocation of covered loss under D&O insurance policies where insurers and policyholders cannot agree on a fair and proper allocation.
The D&O Diary’s Kevin LaCroix discusses the decision in Delaware Court Rules “Larger Settlement Rule” Governs D&O Insurance Allocation.
Wiley discusses the decision in Delaware Adopts Larger Settlement Rule.