The Federal Deposit Insurance Corporation has slowly started filing lawsuits against directors and officers of failed banks, but suits—and corresponding insurance claims—are likely to mushroom, according to banking and D&O liability insurance experts.
In fact, one former banking regulator said that the existence of D&O insurance is the starting point for FDIC officials when they evaluate whether or not to file the suits.
Speaking at the D&O Symposium of the Professional Liability Underwriting Society early this month, Brian McCormally, a 20-year veteran of the Office of the Comptroller of the Currency and the Office of Thrift Supervision, also said the FDIC is likely to file several hundred suits in the next five years—far more than the figure of just over a hundred being advanced by the agency itself.
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