Panel: Recission Demands 1st Made Before Policy Inception, No D&O Coverage Owed

Mealey's ( November 21, 2024, 1:17 PM EST) -- ATLANTA — The 11th Circuit U.S. Court of Appeals on Nov. 20 held that an insurer has no duty to provide directors and officers liability coverage for investors' rescission demands against its insured because the claims were first made before the policy’s inception, agreeing with the lower court’s ultimate judgment in favor of the insurer but vacating and remanding for the lower court to amend the judgment to rest on a theory of exclusion and not recission....