Today, many financial institutions face potentially devastating liabilities as a result of shareholder or investor suits arising out of the economic crisis. The very survival of many of these companies will depend upon their ability to successfully defend these lawsuits or, more likely, to settle them using their directors and officers (D&O) liability insurance or fiduciary liability coverage.

Unfortunately, in addition to the exclusions and limitations found in their insurance policies, these companies may also have to contend with coverage denials based upon their conduct after the claim has been submitted.