Extract to table

Stages 1 and 2 — where the Company and its directors and officers must retain counsel, respond to information requests, and prepare for and participate in inspections — likely fall outside the current definition

Section I of the Commonwealth excess policy states that the policy "shall follow the form" of the Vandermeer primary policy, "except as otherwise provided herein

1 of the Pinnacle Re policy provides that the policy "shall follow the form and be subject to the same terms, conditions, limitations, and exclusions (except as herein specifically provided)" as the Vandermeer primary

The Pinnacle Re policy specifies that it shall be governed by the laws of Bermuda, with disputes to be resolved by arbitration in Hamilton, Bermuda

the Underlying Insurance must affirmatively "exclude" the claim, rather than simply fail to include it within its definition of "Claim

If a regulatory investigation generates defense costs that are attributable to both entity-level and individual-level exposure, the parties must allocate those costs between covered and potentially uncovered components