Geoffrey B. Fehling
- Indexed articles, last 90 days
- 6
- Latest publication
- Aug 5, 2026
- Outlet visibility, for natlawreview.com
- Top 1M sites
- Earliest in this view
- Jul 9, 2026
Latest articles
SEC Climate Rule Rescission: Less Uniformity, Not Less D&O Risk (opens the original)
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The SEC’s effort to rescind its 2024 climate disclosure rules marks a significant change in federal ESG regulation, but it should not be mistaken for a retreat from climate-related disclosure risk. Earlier this year, SEC staff submitted a proposed rule, titled “Rescission of Climate-Related Disclosure Rules.” The agency later told the Eighth Circuit in a litigation challenging the rule that it does not intend to renew its defense of the rules it had submitted. For companies and boards, however,
Pennsylvania Supreme Court Rejects Insurers’ Public-Policy Defense to Coverage for Trafficking Suits (opens the original)
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The Pennsylvania Supreme Court’s recent decision in Samsung Fire & Marine Insurance Co. v. RI Settlement Trust, No. 61 EAP 2024 (Pa. July 21, 2026), rejected three insurers’ attempts to avoid coverage for lawsuits alleging that hotel operators enabled or profited from sex trafficking based on Pennsylvania’s purported public policy against sex trafficking. The court found that Pennsylvania had no such articulated public policy against insuring those kinds of claims and, absent an exclusion barrin
“Related” But Not Excluded: Delaware Court Rejects Insurer’s Narrow View of D&O Coverage for Derivative Claim (opens the original)
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Policyholders facing “related” claim denials under D&O policies should take note of the recent Delaware Superior Court decision, Big V Capital LLC v. Great American Insurance Company (Del. Super. June 30, 2026), where the court held that a derivative action filed during a renewal policy period was covered—even though it was related to an earlier books-and-records action that the policyholder had not reported under the prior policy. The decision turned on the specific structure and wording of the
Delaware Court Applies Larger Settlement Rule to D&O Allocation Dispute (opens the original)
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In Hemisphere Media Group, Inc. v. Fair American Select Insurance Co., the Delaware Superior Court held that when a D&O policy contains an allocation provision requiring the parties to use “best efforts” to reach a fair allocation but does not expressly mandate a specific allocation methodology in the event of disagreement, Delaware’s policyholder-friendly “larger settlement rule” applies by default. The court rejected the insurer’s argument that references to relative legal exposures and benefi
Silence is Golden? Delaware Court Applies Larger Settlement Rule in D&O Allocation Dispute (opens the original)
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When a D&O claim settles, one question often decides how much of that settlement a policyholder actually recovers: how do you account for parts of the case the policy covers and the parts it may not? Insurers and policyholders often answer that question very differently. In Hemisphere Media Group, Inc. v. Fair American Select Insurance Co., the Delaware Superior Court delivered a clear and policyholder-friendly answer for the situation that arises most often in practice—a policy that says a grea
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