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Insurers’ Counterclaims Based on Interrelated Wrongful Acts and Pending and Prior Litigation Exclusions Survive Motion to Dismiss

The Delaware Superior Court, applying Delaware law, has held that a group of D&O insurers’ counterclaims and affirmative defenses based on their policies’ interrelated wrongful acts provisions and pending and prior litigation...more

Insured v. Insured Exclusion Bars Coverage For Entirety of Suit Brought By Insureds and Non-Insureds

The United States District Court for the District of Utah, applying Utah law, has held that an insured v. insured exclusion barred coverage for the entirety of a “mixed” action brought by both insured and non-insured...more

Insurer Owes Duty to Defend and Indemnify Nuisance Litigation

A federal district court, applying California law, has held that an insurer owed a duty to defend and indemnify an insured in an underlying nuisance litigation under a not-for-profit D&O policy, as the policy’s pollution,...more

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