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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