D&O Claims Don't Trigger Policy Exclusion, 9th Circ. Told

By Josh Liberatore (May 17, 2022, 3:40 PM EDT) -- A laid-off worker at a now-bankrupt solar power company asked the Ninth Circuit to revive an action seeking coverage from the company's insurers, saying an employment exclusion does not apply to breach of fiduciary duty and tort claims asserted against former directors and officers.

Andrew Adelman, a former Sungevity employee acting as the assignee for the company's former directors and officers, said in a Friday brief that U.S. Specialty Insurance Co. and Great American Insurance Co. cannot rely on an employment exclusion in their D&O policies to avoid covering a $4.9 million settlement.

The exclusion in question states that the insurers...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Attached Documents

Related Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Subscribers Only

Nature of Suit

Subscribers Only

Judge

Subscribers Only

Date Filed

Subscribers Only

Law Firms

Companies

Government Agencies

Judge Analytics

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!