Extract to table

By contrast, the Harrington Side-A DIC policy (HSI-DIC-2021-00342) contains a full severability clause in Section 9 of the policy, which provides that the application shall be construed as a separate application by each insured person, and that no statements, representations, or knowledge of any insured person shall be imputed to any other insured person for any purpose, including rescission, voiding, or denial of coverage

However, the follow-form incorporation adds a qualification not found in the Vandermeer policy: the person must be "duly elected or appointed" to their position

When a claim involves both covered and uncovered matters, parties, or demands, the D&O policy must allocate between covered and uncovered loss

The individual directors and officers, who face personal liability, must then look to the excess layers — but those layers may also be eroded by the entity's share of the claim

• Whether the insured person is required to tender the claim first to the Outside Entity's insurer and pursue recovery there before making a claim under the Nexford tower