The employees of Armstrong Coal Company [allegedly] falsified coal dust samples for the purpose of showing the company to be in violation of safety standards and potentially halt production. However, the policy excluded coverage for pollution and their legal costs weren't covered.

This discusses exclusions for prior and pending litigation on D&O policies.

Regulatory Exclusions   May 2, 2016   A regulatory exclusion may be incorporated into the D&O policy form or added as an endorsement.…

Dishonest, Fraudulent, and Criminal Acts   May 2, 2016   Today, many lawsuits against directors and officers contain allegations of fraud,…

Date Recognition (Year 2000) October 2004 In the late 1990s, many D&O insurers began issuing policies that contained exclusions for Year 2000 (Y2K)…

Securities Exchange Act of 1934—Section 16(b)   May 2007   Many policy forms contain exclusionary language relating to Section 16(b)…

ERISA May 8, 2013   Most D&O policies exclude any claim for violation of duties imposed by the federal Employee Retirement Income Security…

The U.S. District Court for the District of Arizona dismissed a claim for abuse of process.

Bodily Injury/Personal Injury/Property Damage/Advertising Injury (BI/PI/PD/AI) August 2, 2011 All D&O policies contain exclusions for loss associated…

Uninsured Loss November 2, 2010 In most D&O policies, the definition of loss contains a list of elements that are identified as being uninsured…