What will not be covered under a Directors and officers insurance

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The main key exclusions and limitations include:

  • circumstances known (or which ought to be known) prior to cover commencing
  • prior and pending litigation
  • a jurisdiction clause, stating that Kenyan law will apply and may exclude actions in other East African states
  • bodily injury and property damage
  • pollution and contamination
  • claims based upon improper personal gain by a director
  • fraud or dishonesty of a director
  • ‘insured v. insured’
  • outside directorships
  • pension fund trustees
  • pollution
  • breach of professional duty
  • computer date recognition

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