This article appeared in The Bankruptcy Strategist, an ALM publication offering techniques and strategy for Bankruptcy Practice Groups, Personal Bankruptcy Practitioners, In-House Counsel, Corporate Counsel. Visit the website to learn more.
The U.S. Court of Appeals for the Fifth Circuit recently held that a Creditor Exclusion provision in a directors and officers (D&O) insurance policy may result in significant limitations on the coverage provided to the D&Os, when the underlying dispute is with a creditor acting in its creditor capacity. Markel Am. Ins. Co. v. Verbeek (5th Cir. Sep. 27, 2016).
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