Overview
News & Insights
![D&O "Capacity Exclusion" May Bar Coverage When Acting Outside the Scope of Insured Status](/a/web/bRvbANXgk7QWfMNeng8Ate/8tzbyS/archer-website-categories-icons-articles-watermark-bleed-01.png)
02.11.2025
Articles
D&O "Capacity Exclusion" May Bar Coverage When Acting Outside the Scope of Insured Status
Directors’ and officers’ (D&O) policies insure against claims arising from alleged wrongful acts attributed to directors and officers of the insured entity—provided they were principally engaged in that capacity at the time the alleged wrongful conduct was committed. In other words, such coverage is placed in question when the insureds accused of the alleged wrongful conduct were not acting strictly within their insured role. In that circumstance, the D&O insurer will undoubtedly invoke its policy’s “capacity exclusion” to bar coverage.
![Commercial Insureds’ Claims Under All-Risk Policies Following Catastrophic Storm Events](/a/web/bRvbANXgk7QWfMNeng8Ate/8tzbyS/archer-website-categories-icons-articles-watermark-bleed-01.png)
03.16.2020
Articles
Commercial Insureds’ Claims Under All-Risk Policies Following Catastrophic Storm Events
"Commercial Insureds’ Claims Under All-Risk Policies Following Catastrophic Storm Events" By: Ellis I. Medoway, Esq., American Bar Association, Feb. 2020
![The Notice-Prejudice Rule Debate in Claims-Made Policies](/a/web/bRvbANXgk7QWfMNeng8Ate/8tzbyS/archer-website-categories-icons-articles-watermark-bleed-01.png)
02.03.2017
Articles
The Notice-Prejudice Rule Debate in Claims-Made Policies
"The Notice-Prejudice Rule Debate in Claims-Made Policies". By: Ellis I. Medoway. Esq., February 2, 2017. Published by the American Bar Association.