In early 2022, Delaware signed into law a statute enabling Delaware companies to procure D&O insurance through a captive, fronting, or reinsurance arrangement. However, several D&O exposures typically covered under commercial D&O insurance programs likely cannot be included in the arrangements allowed by this new legislation. In this advisory, Chubb and Bailey Cavalieri LLC identify these exposures and outline why D&O buyers and insureds should proceed with caution.