Insurer Cannot Dodge Energy Biz's Suit, Judge Says

Law360 (July 21, 2020, 11:23 PM EDT) -- A California federal judge refused Scottsdale Insurance Co.'s bid to toss a suit brought by policyholder Stem Inc. seeking defense in a suit accusing it of breaching fiduciary duty, holding that Scottsdale failed to demonstrate "the absence of any potential for coverage."

U.S. District Judge Charles R. Breyer said Monday that Scottsdale has fallen short in proving that it has no duty to defend energy company Stem because the policy exclusion of Stem's directors and officers, which bars coverage for suits between policyholders, does not apply.

The judge pointed out that former Stem executive Stacey Reineccius, the plaintiff in the underlying action...

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