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New York Appellate Court Holds Bankruptcy Exception to Insured vs. Insured Exclusion Restores Directors and Officers Insurance Coverage

Directors and Officers (“D&O”) liability policies, like many other liability policies, often have an exclusion that precludes coverage when one insured sues another insured.  Coverage, however, can be restored under certain exceptions.  One of those exceptions is the bankruptcy exception, which allows a bankruptcy trustee or comparable authority to sue on behalf of the estate … Continue Reading

Defamation Plaintiff Has Default Judgment But Not Standing To Sue Insolvent Policyholder’s Insurance Company

Bankruptcy and insurance have been engaged in a tangled web for decades.  Claimants against bankrupt insureds are often frustrated in seeking a recovery that they might otherwise obtain if the insured had not gone bankrupt.  In a recent case, the Third Circuit addressed the standing of a default judgment creditor claimant to sue the bankrupt … Continue Reading

The Interminable ‘Insured vs. Insured’ Battle

Recently on our eSquire Global Crossings Blog we shared an article first published in the Bankruptcy Strategist, where Norman Kinel and Elliot Smith explore the practical impact of the Sixth Circuit Court of Appeal’s recent decision in Indian Harbor Insurance Company v. Zucker, et al., 2017 U.S. App. LEXIS 10821, which bankruptcy practitioners – particularly those representing … Continue Reading
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