Personal injury is a type of litigation that could arise from several different torts. It could be the outgrowth of negligence or intentional battery. The point I was attempting to make was that in many states when a corporate officer or director personally involves himself in tortious conduct he becomes personally liable for the damages that result regardless of the corporate shield. In some states this results because tortious conduct is not among the duties he is authorized to perform, and by engaging in tortios conduct he exceeds the scope of the authority he has been granted by the corporation. The e&o insurance of which I spoke generally protects one against a tort called negligence. Most policies do not protect one against intentional torts or contract breach. The corporate shield is necessary to protect you against claims of contract breach which may arise as an alternate cause of action to negligence. This is why you need both the corporate shield and the insurance. Neither the insurance nor the corporate shield is going to be of much help against claims of intentional torts, but I really cannot think of too many instances of a claim for an intentional tort growing out of a defective title search, although it is probably not impossible
to post a reply:
login - or -
register