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Insured v. Insured Exclusion Bars Coverage for Bankruptcy Trustee’s Claims Where Policy Defines “Insured” to Include Trustees and...

The United States Bankruptcy Court for the Northern District of Illinois, applying Illinois law, has held that an insured v. insured exclusion in a D&O policy bars coverage for a trustee’s claims against a bankrupt insured...more

Conduct Exclusions Inapplicable Absent Finding of Insured’s Dishonesty or Intent to Deceive

The United States District Court for the Southern District of California, applying California law, has held that: (i) a D&O policy’s dishonesty exclusion did not bar coverage where the judgment at issue did not include a...more

Kansas Federal Court Holds Notice-Prejudice Rule Inapplicable to Claims-Made Policies

The United States District Court for the District of Kansas, applying Kansas law, has held that the notice-prejudice rule does not apply to claims-made policies. Philadelphia Indem. Ins. Co. v. Great Plains Annual Conference...more

Invasion of Privacy Exclusion Bars D&O Coverage for BIPA Suit But EPL Coverage Potentially Applies

The United States District Court for the Central District of Illinois, applying Illinois law, has held that an invasion of privacy exclusion precluded D&O coverage for underlying suits alleging violations of the Illinois...more

Alleged Breach of Fiduciary Duty Not a “Securities Claim”

The United States District Court for the District of Delaware, applying Delaware law, has held that lawsuits alleging breaches of fiduciary duty did not constitute “Securities Claims” under a D&O policy.  Calamos Asset Mgt.,...more

Negligent Misrepresentation Claim Not Barred By Exclusion for Dishonest Conduct

The United States District Court for the Northern District of California, applying California law, has held that a dishonesty exclusion in a D&O policy did not bar coverage for an underlying lawsuit alleging a company...more

Coverage for Stockholder Suits Not Barred By Prior Acts Exclusion or Bump-Up Provision

Judge Paul Wallace of the Delaware Superior Court has held that a bump-up provision did not operate to preclude coverage for a settlement of a Section 14(a) cause of action.  Northrop Grumman Innovation Sys., Inc. v. Zurich...more

Consumer Protection Claims Not Barred By Antitrust Exclusion

The United States District Court for the Central District of California, applying California law, has held that antitrust exclusions in two D&O policies did not bar coverage for a class action against an insured sports...more

Professional Services Exclusion Does Not Bar Coverage for Lawsuit Alleging “Business Decisions” of Healthcare Facility

The United States District Court for the Southern District of Florida, applying Maryland law, has held that the professional services and managed care activity exclusions in a D&O policy did not bar coverage for a lawsuit...more

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