This webinar discusses coverage under D&O Liability Insurance, how it responds to the unique nature of derivative lawsuits, and the recent surge in derivative claims frequency, severity, and complexity. Attendees will learn the critical areas of coverage for derivative claims, how Side A comes into play, and why derivative claims are the new high-risk exposure in the D&O space.


The speakers from this webinar, Mark Weintraub and Mareasa Rooks of Lockton Companies, provided some commentary on this session, sharing key takeaways and the importance of social inflation in the Professional Liability field. See his remarks below.

Why is this topic important for professional liability practitioners?

Derivative claims are increasing in frequency and severity and neither public nor private companies can ignore this critical risk. Practitioners should understand how D&O policies respond to derivative claims and what potential avenues exist to maximize coverage.

What are the top takeaways from this webinar discussion?

Evolving law and creative plaintiffs counsel theories have created a new risk environment for derivative claims and the impact of these claim must be factored into a D&O insurance program. Understanding policy nuances and how it will respond can prevent coverage issues and maximize recovery.

If someone is interested in learning more about this topic, are there other resources you would recommend for more information?

Derivative lawsuits are complex, but there are many resources discussing them under Delaware law, including the indispensable D&O Diary, ProfessorBainbridge.com, and many other excellent blogs and websites from the securities defense bar.


Don’t miss out on learning more about this topic. Login to the PLUS website and listen to the recording.

PLUS webinars and on-demand recordings are only available to PLUS members so if you haven’t become a member yet you can do so at no-cost.

Meet the Speakers

Mark Weintraub
Senior Vice President Insurance and Claims Counsel
Lockton Companies
Mark joined the Southeast Series of Lockton in 2012 and is a global legal and claim resource for management liability claims. Mark advises on executive lines of all kinds,
including D&O, GPL/E&O, EPL, Cyber and Crime.

In the role, he is responsible for providing clients with strategic advice and claims advocacy including coverage interpretation, reservation of rights responses, and coordination of resources available to clients through the entire life-cycle of claims.
Mark’s battle-tested claims consulting has helped clients achieve excellent results in complex claims, including multifaceted public D&O claims, Cyber ransomware attacks,
high-dollar Reps and Warranties claims, and other exposures that threatened full
towers. Mark also assists in negotiation and drafting of policy language to maximize client coverage as well as advising clients on strategies to enhance their coverage. Mark frequently consults with clients on corporate governance practices and specializes in customizing corporate indemnity obligations with D&O insurance programs.

Mark is a frequent author and lecturer on executive lines issues and is the lead author for Lockton’s National Claim Trends publications that identify and analyze important claim trends in the management liability space. He is a coveted speaker on insurance
and claims issues and has appeared on panels all over the country, including at PLUS, RIMS and Advisen.

Prior to joining Lockton in 2012, Mark served at Jones Day for 11 years, where he gained extensive experience defending private equity firms and Fortune 1000 clients in breach
of fiduciary duty actions, complex business tort and contract disputes, and products liability and securities claims in federal and state courts nationwide. Marks litigation experience allows him to provide real-world advice on the decisions clients face before,
during, and after claims arise.
 
Mareasa Rooks
Assistant Vice President Insurance and Claims Counsel
Lockton Companies

Mareasa joined the Southeast Series of Lockton in 2021 and is a global legal and claim resource for all management liability lines, including D&0, E&O, ELL, EPL, Fiduciary, Cyber, and Crime. In this role, Mareasa provides strategic advice and claims advocacy, including coverage interpretation, reservation of rights responses, and claims resource coordination.

Mareasa has assisted clients in maximizing insurance recoveries in complex claims situations, including public D&O claims, complex crime/social engineering fraud events, and other exposures that threatened full towers.

Mareasa serves on several Lockton working groups, including Lockton’s digital asset protection team and the D&O coverage review committee charged with analyzing carrier
policy wording to maximize client coverage. Mareasa frequently authors publications and lectures on management liability topics and has appeared on national panels, including for the American Bar Association’s Tort Trial & Insurance section.

Mareasa joined Lockton with over a decade of experience in the legal industry, including as an attorney at Jones Day where she gained extensive experience in defending Fortune
1000 clients in breach of fiduciary duty actions, complex business tort and contract disputes, consumer class actions, and shareholder litigation in state and federal courts, as
well as conducting internal investigations. Mareasa also serves as an Adjunct Professor at
Georgia State University School of Law teaching legal ethics. Mareasa’s litigation, internal investigation, and teaching experiences make her well-suited to provide real-world advice
on decisions clients face before, during, and after claims arise.
News Type

PLUS Blog

Business Line

Directors and Officers (D&O)

Topic

Professional Liability (PL) Insurance

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