Delaware Courts Continue to Issue Insured-Friendly D&O Insurance Rulings

In recent years, Delaware courts have issued several choice of law rulings applying Delaware law to insurance disputes involving directors and officers of companies that were incorporated in Delaware even where other factors, like the location of company headquarters or the place of policy negotiation, suggest that the company had more significant contacts in a different state. In this article, of counsel Howard Epstein and special counsel Ted Keyes discuss two recent decisions that demonstrate that Delaware courts are increasingly leaning towards the insured’s position in D&O insurance coverage disputes.