The Insurance Coverage Law Center has published “Goggin and the D&O Insurance 'Capacity' Exclusion: A Potential Coverage Gap for Private Equity and Other Investor-Designated Directors” in its Eye on the Experts column.

This Eye on the Experts article discusses a Delaware court ruling that a typical directors and officers policy's “capacity” exclusion may preclude coverage for acts that a director-designee takes in anything but his exclusive capacity as the insured company's board member and fiduciary.

Victoria Spears

Victoria Spears

Victoria Prussen Spears is senior vice president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. A graduate of Sarah Lawrence College and Brooklyn Law School, Ms. Spears was an attorney at a leading New York City law firm before joining Meyerowitz Communications. She may be contacted at [email protected].

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