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Medical Mutual Insurance Co. of Maine v. Indian Harbor Insurance Co.

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Before Howard, Ripple, *fn1 and Selya, Circuit Judges.

This appeal presents the question of whether a corporation can recover under a director and officer (D&O) liability insurance policy for losses stemming from judicial and administrative complaints filed against the company but which alleged wrongful conduct on the part of its directors and officers. In typical fashion, the policy language limits coverage to losses resulting from claims made against the directors and officers themselves. D&O policies exist to fund indemnification covenants that protect corporate directors and officers from personal liability, not to protect the corporation by which they are employed. The position advanced by the company in this case – extending coverage to situations in which the directors and officers are not themselves the actual targets of the claims made – would if accepted transmogrify D&O policies into comprehensive corporate liability policies. Because such a transmogrification is contrary to both the letter and the spirit of the D&O policy at issue here, we affirm the district court’s entry of summary judgment in favor of the insurer.

I. BACKGROUND

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