Seventh Circuit Declares Insured Versus Insured Exclusion Applies In D&O Context

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Biltmore Associates, LLC v. Twin City Fire Ins. Co.  (9th Cir. (Az.) July 10, 2009)

A bankrupt corporation assigned its claims to its creditors’ trust.  The trustee for the creditors’ committee sued the insurer under a directors and officers liability insurance policy that excluded from coverage various claims brought by the insured corporation against its own officers or directors.  The complaint was properly dismissed because a cause of action by a corporation against its officers or directors for mismanagement belongs to the corporation.  The lawsuit was instigated and continued by the corporation, even though as a Chapter 11 “debtor and debtor in possession.”  An assignee of a claim against an insurance company can have no stronger claim that the assignor who assigned it, and in the bankrupt corporation’s shoes, plaintiff’s claims are barred by the exclusion.

For a copy of the decision click here

By Toni L. Frain

https://www.goldbergsegalla.com/attorneys/Frain.html