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Virginia court follows First Circuit’s Genzyme reasoning, rejects carrier’s bid to recoup $15mm D&O payout

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 17 2010

Following the reasoning of the First Circuit in its Genzyme decision, a federal court in Virginia has granted summary judgment to an insured whose carrier had sued to recoup a $15 million settlement under a D&O policy

First Circuit remands D&O coverage dispute for allocation

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • November 2 2010

Reversing a district court holding to the contrary, the First Circuit has declared that Massachusetts public policy does not prohibit D&O carriers from insuring against damages allegedly incurred by one class of shareholders as a result of an unfair benefit conferred on another class of shareholders

ARS derivative suits will need to overcome business judgment rule

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 12 2010

In the past few months, several derivative suits against mutual fund issuers of auction rate securities (ARS) have hit the courts

Delaware Bankruptcy Court rules that directors & officers may access eroding policy despite company’s bankruptcy

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 22 2010

A federal judge has ruled that directors and officers of a company in bankruptcy proceedings may continue to access an eroding liability policy to cover their defense costs