Judge Rules On Liquidator’s Motion To Strike Defenses In D&O Coverage Dispute

Mealey's (December 23, 2022, 10:05 AM EST) -- SIOUX FALLS, S.D. — A South Dakota federal judge granted in part a liquidator’s motion to strike a specialty insurer’s asserted affirmative defenses and for partial summary judgment in the liquidator’s declaratory judgment suit seeking a declaration that coverage exists under a claims-made excess insurance policy above a directors and officers (D&O) policy with regard to a $21 million wrongful acts claim, finding that summary judgment is appropriate for the defense of failure to state a claim....