After FDIC D&O Battles, Redrawing Exclusion No Easy Task

Law360, New York (August 4, 2014, 3:51 PM ET) -- Courts aren't seeing eye-to-eye on whether the "insured v. insured" exclusion wipes out coverage for the directors and officers of failed banks in widespread litigation against the Federal Deposit Insurance Corp., but insurers that try to tighten up their policy language are likely to encounter resistance from brokers and other setbacks, experts say.

The exclusion, which applies to claims brought by one insured against another, has been front and center in the latest wave of coverage disputes over FDIC lawsuits blaming former executives of banks for...
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