Court Reads Contract Exclusion Out of Policy Based on Ambiguity Created by Conflicting Endorsements

Claud Mccoid

The United States Court of Appeals for the Eighth Circuit, applying Missouri regulation, has held that a D&O insurance provider simply cannot count on a deal exclusion to deny protection for an underlying lawsuit, finding that several endorsements addressing the deletion and alternative of the exclusion rendered the provision ambiguous.  See Verto Med. Remedies, LLC v. Allied World Specialty Ins. Co., 2021 WL 1877802 (8th Cir. May eleven, 2021). …
By: Wiley Rein LLP

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