D&O Insurers Can Appeal WaMu Trust Suit Before Case Is Over

Law360, Wilmington (August 26, 2013, 9:51 PM ET) -- A Delaware state judge on Friday allowed XL Specialty Insurance Co. and other directors and officers insurers to file an interlocutory appeal of her decision not to dismiss a lawsuit from the Washington Mutual Inc. liquidating trust, which is seeking to compel the companies to cover millions of dollars in executives' defense costs.

Delaware Superior Court Judge Mary M. Johnston ordered that the insurers' appeal be certified to the state Supreme Court while the case she is hearing in New Castle County is still running. The...
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