Extract to table

2), C&H recommended that Nexford negotiate a broadened definition of "Insured Person" to include: (a) any duly elected or appointed director or duly appointed officer of the Company or any Subsidiary; (b) any person who serves in a de facto capacity as a director or officer of the Company or any Subsidiary, whether or not formally appointed; (c) any member of any advisory board, advisory committee, or similar body of the Company or any Subsidiary; (d) any employee of the Company or any Subsidiary who serves in an outside capacity as a director, officer, trustee, regent, governor, or equivalent position of another entity at the specific written request of the Company; and (e) any person who was, now is, or shall become a person described in (a) through (d) above

The provision expressly states that the application shall be construed as a separate application by each Insured Person, and that no statements made or knowledge possessed by any one Insured Person shall be imputed to any other Insured Person for purposes of determining the availability of coverage

(ii) Employment Practices Carve-Back: Claims brought by an Insured Person against the Company or another Insured Person arising out of an employment-related dispute (including wrongful termination, discrimination, harassment, or retaliation) shall not be subject to the insured-versus-insured exclusion

(iii) Bankruptcy Trustee / Examiner Carve-Back: Claims brought by or on behalf of a bankruptcy trustee, debtor-in-possession, examiner, receiver, liquidator, rehabilitator, or creditors' committee shall not be subject to the insured-versus-insured exclusion

6), C&H recommended that Nexford negotiate "presumptive allocation" language favoring the insured in mixed claims, under which the insurer is required to advance and pay the maximum covered portion of any Loss unless the insurer can demonstrate that a different allocation is appropriate

The provision states that in the event of a mixed claim, the Insurer and the Insured shall use their best efforts to agree upon a fair and proper allocation