A New York appellate court recently held that renewable bio-diesel fuel manufacturer BioEnergy Development Group LLC may pursue tens of millions of dollars in damages from its insurers under two all-risk insurance policies, including amounts in excess of the policy limits, where the insurers refused to pay claims in a timely manner.
Continue Reading New York Appellate Court Holds Insurers May Suffer Consequences of Delayed Payment of Energy Company Property and Business Interruption Claims
Motion to Dismiss
Imprecise Policy Wording Prevents Dismissal of D&O Coverage Suit For Statutory Appraisal Claims
By Geoffrey B. Fehling on
Posted in D&O
Does the term “wrongful act” always require that the conduct at issue be “wrongful”? In at least one D&O insurance policy, the answer may not be as clear as it seems. A federal district court in Texas recently denied an insurer’s motion to dismiss a company’s coverage claim for nearly $5 million in costs the company incurred defending a statutory appraisal lawsuit filed by disgruntled shareholders, citing the D&O policy’s “terribly” written definition of “wrongful act,” which may have been written so broadly that it provides coverage for “acts” that are not actually “wrongful.”…
Continue Reading Imprecise Policy Wording Prevents Dismissal of D&O Coverage Suit For Statutory Appraisal Claims