Material Factual Disputes Bar Summary Judgment To Insureds, New York Panel Says

Mealey's (May 18, 2020, 10:47 AM EDT) -- NEW YORK — A New York appeals panel on May 14 found that the bankruptcy exception to excess directors and officers liability insurance policies’ “insured vs. insured” exclusion applies to restore coverage for underlying claims brought by a creditor trust against the insured’s former directors and officers but that a lower court should not have granted partial summary judgment in favor of the insureds on their breach of contract counterclaim because there are material factual disputes regarding the application of other coverage defenses (Westchester Fire Insurance Co. v. Nicholas S. Schorsch, et al., No. 651026/2018, N.Y. Sup., App. Div., 1st Dept., 2020 N.Y. App. Div. LEXIS 2979)....