COVID-19, ESG, and SPACs, Oh My!: Emerging D&O Liabilities

  • Organizer: RIMS ERM Conference
  • Location: New York Hilton Midtown, 1335 Avenue of the Americas, New York, NY 10019
  • Date: November 11, 2021
  • Time: 03:00 PM-04:00 PM

The landscape of potential liabilities for directors and officers is changing almost as quickly as the climate.  Novel or rapidly changing risk scenarios include suits stemming from a company’s conduct during the pandemic, liabilities arising out of environmental, social and corporate governance (ESG) issues, and a rising tide of litigation aimed at SPACs.  This session will examine the changing liabilities, the potential for D&O insurance to respond, and insurers’ likely attempted defenses against coverage – e.g., bodily injury exclusions in pandemic-related claims, or disjuncts between claims and coverage in entities that exist before and after a SPAC transaction.  Most importantly, we will outline policyholder responses to insurers’ likely overbroad deployment of such defenses.

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