KBR has extensive experience in all facets of directors and officers liability matters. KBR has represented domestic and international insurers in thousands of complex D&O matters, including securities fraud actions, derivative actions, regulatory claims, commercial disputes, contract claims, and the myriad types of underlying claims against public, private, and not-for-profit companies. We prepare coverage opinions, monitor pending claims, evaluate liability exposures, participate in the negotiation of settlements, and litigate coverage issues. We have represented D&O insurers in a large number of the most prominent, and sometimes notorious, D&O claims made in the last two decades. We also have been involved in every significant development of the D&O insurance product, working closely with underwriters in all aspects of coverage, including policy drafting.
KBR is well known to the D&O brokerage community and prides itself on its ability to work in a cooperative and constructive manner with the insureds, their counsel and their brokers. We know the issues, the experts, the mediators, and the plaintiffs’ and defendants’ bars. We are sensitive to the perspectives of others and have earned a reputation for taking a balanced approach to the resolution of difficult coverage and liability issues. We go to great lengths to encourage a cooperative relationship between our insurer clients and their insureds. Our knowledge of the legal issues facing today’s directors and officers gives us the ability to press for the resolution of D&O litigation on terms that are mutually beneficial to the insurers and their insureds alike.
On occasion, when litigation between underwriters and their insureds is unavoidable, we act as coverage litigation counsel, as described in the coverage litigation section herein.
We also represent directors and officers of for-profit organizations, as well as not-for-profit organizations, in direct litigation assignments. We are experienced in defending corporate management and are well-versed in federal law and state law, securities law, corporate governance and essentially all of the liability exposures presented to today’s corporate officers and directors.