Recommendation Issued Barring D&O Coverage, Excluding Under Insolvency Exclusion

Mealey's (March 8, 2023, 4:29 PM EST) -- CENTRAL ISLIP, N.Y. — A New York federal magistrate judge issued a report recommending that a specialty insurer’s cross-motion for judgment on the pleadings be granted in a Medicare Advantage (MA) plan insurer’s suit seeking a judgment that the specialty insurer is obligated to provide a defense and reimburse the plan insurer for losses in a suit filed against it, finding that coverage is barred under one policy’s related claims provision and by both policies’ insolvency exclusions....