The 2008 financial crisis might be behind us, but coverage disputes stemming from the flood of lawsuits brought by the Federal Deposit Insurance Corporation (“FDIC”) against directors and officers of failed banks are far from over.
How Preclusion of an FDIC Action Under the Insured v. Insured Exclusion Could Change D&O Coverage
Coverage disputes stemming from the flood of lawsuits brought by the FDIC against directors and officers of failed banks are far from over. The most heavily litigated issue is whether a lawsuit commenced by the FDIC as a receiver of a failed bank is precluded by the "insured v. insured" exclusion commonly contained in Directors and Officers liability ("D&O") policies.
By
Allyson McKinstry
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