Investors, Directors Appeal Ruling That Policy’s ‘Capacity Exclusion’ Bars Coverage

Mealey's (February 25, 2020, 4:04 PM EST) -- WILMINGTON, Del. — A bankrupt company’s former investors and directors on Jan. 17 asked the Delaware Supreme Court to reverse a lower court’s finding that a directors and officers liability insurance policy’s “capacity” exclusion bars coverage for underlying claims that they schemed and engaged in self-interested dealings at the company’s expense (Keith Goggin, et al. v. National Union Fire Insurance Company of Pittsburgh, Pa, No. 625,2018, Del. Sup.)....