Panel: D&O Insurer Has No Duty To Defend, Indemnify Against Attorney General’s Suit

Mealey's (April 16, 2021, 2:48 PM EDT) -- PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on April 15 affirmed a lower federal court’s ruling that held that under California Insurance Code Section 533.5, a directors and officers liability insurer has no duty to defend or indemnify its insureds against an underlying unfair competition and false advertising lawsuit brought by the California attorney general, finding that Section 533.5 “does not facially violate a party’s due process right to retain counsel.”...