This exclusion also moots the often thorny question encountered in CGL litigation of whether cleanup costs are damages. Fraudulent, Dishonest, or Criminal Acts. It may also be against public policy to insure against these acts. However, the question is often raised as to whether this exclusion applies when the claim is made or when a final adjudication of the type of behavior is made. Some policies contain provisions that the exclusion applies only when the final adjudication is made, others do not.
Most policies exclude claims based on the director's or officer's personal gain or self-dealing.
See, e.g. , National Union Fire Ins. Gardner v. Cumis Ins. Not if the executive compensation plan would also be triggered by other events, in addition to a change in corporate control. See International Ins. An exception to this exclusion is a shareholder's derivative suit, which is covered.