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Insured v. Insured exclusion

Receiver’s Claims Against Former Officers Not Barred by Insured v. Insured Exclusion

Earlier this month, the 9th U.S. Circuit Court of Appeals held that an Insured v. Insured Exclusion barred coverage for claims brought by the FDIC as receiver for a failed financial institution. Last week, Judge William E. Smith in the… Continue Reading →

Insured v. Insured Exclusion Applied to Preclude Coverage for Lawsuit Where Plaintiffs Included Both Insureds and Non-Insureds Under D&O Policy

Insured v. Insured exclusion applied to preclude coverage for an entire claim even where the underlying claim involved a lawsuit by an Insured Person and other plaintiffs who were not Insured Persons against other Insured Persons. Jerry’s Enterprises, Inc. v…. Continue Reading →

Insured vs. Insured Exclusion Precludes Coverage for FDIC Receiver’s Failed Bank Claims

In a decision applying Kansas law, the U.S. Court of Appeals for the 10th Circuit found a D&O policy’s “Insured vs. Insured” exclusion to be unambiguous, precluding coverage for claims brought by the FDIC in its capacity as receiver of… Continue Reading →

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