Insurance Law Update: “Delaware Dole Ruling Will Guide Allocation in D&O Policies,” Law 360

In the second Insurance Law Update for March, Jenner & Block Partner Brian S. Scarbrough and Associate Huiyi Chen explore the issue of allocation in directors and officers liability insurance policies.  They highlight the Delaware Superior Court’s recent decision in Arch Insurance Co. v. Murdock.  In that case, the court interpreted an explicit allocation provision in a D&O policy and held the larger settlement rule applicable despite the presence of a “best efforts” clause and a “relative legal and financial exposures” clause in the allocation provision. The ILU was published in Law360

Read the full article here.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Insurance Law Update: “Delaware Dole Ruling Will Guide Allocation in D&O Policies,” Law 360

In the second Insurance Law Update for March, Jenner & Block Partner Brian S. Scarbrough and Associate Huiyi Chen explore the issue of allocation in directors and officers liability insurance policies.  They highlight the Delaware Superior Court’s recent decision in Arch Insurance Co. v. Murdock.  In that case, the court interpreted an explicit allocation provision in a D&O policy and held the larger settlement rule applicable despite the presence of a “best efforts” clause and a “relative legal and financial exposures” clause in the allocation provision. The ILU was published in Law360

Read the full article here.

Related Capabilities

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

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