Definitions

November 2, 2010

Most D&O policy forms contain a definitions section where words and terms with special meaning are defined. When these words and terms are used in the policy form, they sometimes appear in boldface type. They also may appear in italics, within quotation marks, in capital letters, or underlined. Definitions may be modified, added, or deleted by way of endorsement to the basic policy form. Defined terms also may be contained in the coverage application.

Regardless of how or where defined words or terms appear, defined words, terms, and phrases carry special significance, and the policy-defined word, term, or phrase may differ considerably from its meaning in everyday use or its normal legal meaning.

Some insurers may define only a few key words. Others give special meaning to a long list. Although all defined words, terms, and phrases should be given special attention when evaluating coverage, those discussed in this section appear in nearly all policy forms, often with significant differences in their definitions. Always review all definitions carefully—they significantly affect the scope of coverage provided by the policy.

Careful attention is also needed to ensure that defined words, terms, and phrases—along with other policy terms and conditions—remain consistent through various layers of coverage, such as where a primary and one or more excess policies are utilized. Such consistency is critical, as inconsistencies in defined terms between primary and excess policies can become the basis of coverage disputes—and even litigation—with insurers.

 

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