Last month, the US District Court for the District of Connecticut granted an insurer’s motion for summary judgment in the case of Connecticut Municipal Electric Energy Cooperative v. National Union Fire Insurance Company of Pittsburgh, PA, No. 3:19cv839 (JBA), finding that there was no coverage under a directors & officers policy for defense costs associated with responding to a government subpoena. Last week, in line with our commentary, which highlighted several critical flaws in the court’s initial ruling, the court reversed itself and granted reconsideration, finding that there actually is coverage.
Continue Reading Court Corrects its Own Error in Win for D&O Policyholders
Investigation Coverage
New York Court Rejects Insurers’ Use of Prior/Pending Investigation Exclusion; Requires Factual Predicate to Exist Before the Prior Investigation and not Arise From It
By Michael S. Levine on
In a victory for policyholders, a New York trial court rejected insurers’ summary judgment arguments, ruling that an insurer must establish a common “fact, circumstance, situation, transaction or event” underlying an investigation before it can rely on a prior and pending litigation and investigation (“PPLI”) exclusion based on that earlier investigation. The court further ruled that the insurer cannot base its coverage denial on a common “fact, circumstance, situation, transaction or event” learned during the investigation.
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Continue Reading New York Court Rejects Insurers’ Use of Prior/Pending Investigation Exclusion; Requires Factual Predicate to Exist Before the Prior Investigation and not Arise From It