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Court Analyzes “Former Director and Officer” and “Shareholder Derivative” Exceptions to Insured v. Insured Exclusion
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 policy applied to save coverage under the policy. See Bay Club Member’s LLC v. Selective Ins. Co. of Am., 2023 WL 7413665 (D. Mass. Nov. 9, 2023). The court declined to hold that a separate “shareholder derivative” exception to the exclusion applied.

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Warranty Exclusion Bars Coverage for Demand Letter Referencing SEC Lawsuit Alleging Fraud by Insured Prior to Warranty Date
Warranty Exclusion Bars Coverage for Demand Letter Referencing SEC Lawsuit Alleging Fraud by Insured Prior to Warranty Date
No Coverage for Lawsuit Where “Claim” First Made at Time of Tolling Agreement
No Coverage for Lawsuit Where “Claim” First Made at Time of Tolling Agreement
Tenth Circuit Holds Lawsuit Against Accounting Firm Alleging Negligence in Three Successive Audits to be Based on Interrelated Acts or Omissions
Tenth Circuit Holds Lawsuit Against Accounting Firm Alleging Negligence in Three Successive Audits to be Based on Interrelated Acts or Omissions
Alleged Willful Conduct Enough to Bar Coverage Under California Insurance Code Section 533
Alleged Willful Conduct Enough to Bar Coverage Under California Insurance Code Section 533
Coverage Conditioned on Unambiguous Notice Requirements not Subject to Notice-Prejudice Rule
Coverage Conditioned on Unambiguous Notice Requirements not Subject to Notice-Prejudice Rule
D&O Policy’s Professional Services Exclusion Does not Bar Coverage for False Claims Act Settlement
D&O Policy’s Professional Services Exclusion Does not Bar Coverage for False Claims Act Settlement
Lawsuit not a “Related Claim” to Earlier Demand Letter, but Policy Rescinded Based on Material Misrepresentations in Application
Lawsuit not a “Related Claim” to Earlier Demand Letter, but Policy Rescinded Based on Material Misrepresentations in Application
Massachusetts Federal Court Holds Defense Costs Must Be Reasonably Allocated Between Insured and Non-Insured Parties
Massachusetts Federal Court Holds Defense Costs Must Be Reasonably Allocated Between Insured and Non-Insured Parties
No Cyber Insurance Coverage for Vehicle Thefts Purchased Online Using Fake Identities
No Cyber Insurance Coverage for Vehicle Thefts Purchased Online Using Fake Identities
Wiley Executive Summary

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