Analysis: Biltmore Assocs. V. Twin City Fire Ins. Co.

Law360, New York (August 4, 2009, 3:13 PM EDT) -- The Ninth Circuit Court of Appeals has held that an insured vs. insured exclusion bars coverage for a suit by a debtor-in-possession against former directors and officers of the company. Biltmore Assocs. v. Twin City Fire Ins. Co., No. 06-16417, 2009 WL 1976071 (9th Cir. July 10, 2009).

The court rejected the argument that the debtor-in-possession was a different legal entity from the pre-bankruptcy company insured under the policy.

The directors and officers (D&O) liability policy at issue contained an insured vs. insured exclusion, which, subject...
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