Jeffrey S. Price and Justin D. Wear Win Summary Judgment in D&O Insurance Policy Dispute

Posted on November 16, 2015 at 6:29 pm

In Hale v. Travelers Cas. & Sur. Co. of America, 2015 WL 6737904 (M.D. Tenn. Nov. 4, 2015), Manier & Herod attorneys Jeffrey S. Price and Justin D. Wearobtained summary judgment for Travelers in a coverage dispute under a directors and officers insurance policy. The district court held that coverage was not implicated under the Policy because the underlying lawsuit filed against the insured contained allegations of "Wrongful Acts" that were interrelated to claims previously made against the insured. Therefore, the underlying lawsuit was treated as being first made prior to the applicable Policy Period. In addition, the district court held that the insured made misrepresentations on the Policy application with regard to questions inquiring of any facts, circumstances, or situations that could reasonably give rise to a claim against the insured.