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D&O liability trends

Almost 300 D&O actions were filed in 2016 and the filing frenzy continued well into 2017.

By Jane Mandigo | Updated on February 28, 2018

Jimi Hendrix famously sang in All Along the Watchtower: “There’s too much confusion, I can’t get no relief.” If you have been watching the directors and officers (D&O) landscape, the last year has been a confusing haze of activity. If we take a closer look, some patterns emerge that are understandable. Other developments are so new that we don’t know if they are patterns, trends or idiosyncratic currents.

For carriers struggling with the continuation of soft D&O markets, there is little at the outset of 2018 to offer assurance of direction. The thin mix of possible market advantageous developments juxtaposed with market softening trends leaves many carriers with early conclusions that 2018 will be another year in which they “can’t get no relief.” In addition, the D&O market is evolving as headline losses and technology present new risks. However, let’s explore what we know, where we are, and why 2018 portends continued uncertainty.

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