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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.

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Delaware Superior Court Upholds Coverage For Fraud Claim

Posted In Directors

Arch Insurance Company v. Murdock, C.A. N16C-01-104 EMD CCLD (March 1, 2018)

This decision upholds coverage under a D&O policy for a claim alleging fraud by directors. This is not too surprising as the Delaware Corporation Law has long relied on insurance to cover the gap in the DGCL that denies indemnification for some claims based on disloyalty. The business judgment rule, the right to advancement, and indemnification and insurance are the triad of protections for Delaware directors.