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Court Analyzes “Former Director and Officer” and “Shareholder Derivative” Exceptions to Insured v. Insured Exclusion

The U.S. District Court for the District of Massachusetts, applying Massachusetts law, has held that a “former director and officer” exception to an insured v. insured exclusion in a private company management liability...more

Seventh Circuit Holds Settlement Arising From Alleged False Claim Act Violations Does Not Necessarily Constitute Uninsurable...

The United States Court of Appeals for the Seventh Circuit, applying Illinois law, has held that a $100 million settlement between the United States government and a pharmaceutical company for claims arising under the False...more

Warranty Letter Bars Coverage for Claim Against Chief Legal Officer Arising From CEO’s Alleged Fraud

The United States District Court for the District of Nevada, applying Nevada law, has held that a warranty letter executed by the insured’s CEO prior to the issuance of an excess D&O policy barred coverage for a claim made...more

Court Declines to Recognize Scrivener’s Errors in D&O Policy’s Capacity Exclusion

The United States District Court for the Southern District of New York, applying Georgia law, has declined to recognize certain punctuation and spacing errors in the capacity exclusion of a directors and officers liability...more

Contract Exclusion Bars Coverage for Deceptive Practices Claims Arising Out of Gym Membership Contracts

The United States Court of Appeals for the Sixth Circuit, applying Kentucky law, has held that a directors and officers liability policy does not provide coverage for a class action lawsuit brought against a gym alleging...more

D&O Claim Deemed Related to Prior Suit Brought by Different Parties

The United States District Court for the District of Connecticut, applying Connecticut law, has found no coverage under a director and officers liability policy for a claim alleging the fraudulent conveyance of a company...more

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