Panel Affirms, Remands To Establish Whether Policy Exclusion Applies Case By Case

Mealey's (March 4, 2024, 3:21 PM EST) -- FRANKFORT, Ky. — On remand from the Kentucky Supreme Court, a Kentucky appeals panel on March 1 affirmed a lower court’s finding as to an insurer’s duty to defend against underlying lawsuits alleging that the insured violated federal health care laws, remanding for the lower court to conduct an evidentiary hearing to establish on a case-by-case basis whether an exclusion precludes directors and officers and professional liability insurance coverage....