Insured v. Insured or i vs. i or I v. I

Refers to the exclusion in all D&ampO insurance policies that eliminates coverage for claims by or on behalf of one insured against another insured. Because the company is insured under D&ampO policies to the extent the company indemnifies loss incurred by directors and officers, this exclusion not only eliminates coverage for claims by directors and officers, but also claims by or on behalf of the company. Most D&ampO insurance policies contain several exceptions to this exclusion (i.e., grant coverage for certain types of claims by or on behalf of insureds). Depending upon the specific policy, the following types of claims may be excepted from the exclusion (i.e., covered) 1. a shareholder derivative claim on behalf of the company if the shareholder prosecutes the claim without the assistance of any insured 2. employment-related claims by directors or officers 3. a claim by a director or officer for contribution or indemnity if the claim directly results from another claim covered under the insurance policy 4. a claim by a trustee or receiver in the insured company’s bankruptcy or insolvency proceeding.