There are currently serious deficiencies in the legal protection function of D&O insurance. Although general insurance terms and conditions now consistently stipulate that the insurer is only released from liability after a legally binding determination of a knowing breach of duty by the insured person, coverage of legal defense costs is still refused in individual cases on the grounds that the insurer was deceived at the time of conclusion or extension of the contract because the insured person had already knowingly breached obligations at that time.