8th Circ. Revives D&O Suit Over Bank Exec's Defense

Law360, New York (January 6, 2011, 4:24 PM EST) -- The Eighth Circuit on Thursday again revived a former Sinclair National Bank director’s fight to obtain coverage from Kansas Bankers Surety Co. for the defense of criminal charges related to the acquisition of the bank.

In a published opinion, the U.S. Court of Appeals for the Eighth Circuit reversed the district court’s grant of summary judgment to KBS, finding that its directors and officers liability policy in fact covered Susan Sinclair Wintermute’s defense.

The appeals court noted that genuine issues of material fact concerning whether policy...
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