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- Title
ESCAPING THE D&O LIABILITY INSURANCE POLICY "INSURED VS. INSURED" EXCLUSION MUDDLE.
- Authors
FRUCHTER, STEVEN
- Abstract
Director and officer liability insurance policies commonly contain an insured vs. insured" exclusion that bars coverage for claims brought by a party that is "insured" under the policy against another party who is also insured" under the policy. For over thirty years, the answer to the seemingly straightforward question of whether actions brought by bank receivers and bankruptcy estate representatives are brought by an "insured" claimant.tbr the purposes of the exclusion and barred from coverage under the policy has beenfrustratingly unsettled. The reason for the repeat litigation and conflicting. judicial opinions on this issue is because the exclusion, as usually drafted, is ambiguous. This Article argues that courts should find that the exclusion does not bar coverage for claims brought by bank receivers and bankruptcy estate representatives, unless the language of the D&0 insurance policy at issue contains clear language expressly stating that bank receivers and bankruptcy estate representatives are-insured" claimants for the purposes of the exclusion.
- Subjects
LIABILITY insurance laws; BANKRUPTCY examiners; INSURANCE policies; INSURED losses; INSURANCE
- Publication
California Western Law Review, 2022, Vol 58, Issue 2, p223
- ISSN
0008-1639
- Publication type
Article