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8th Circuit: D&O Liability Insurer Cannot Rely on Ambiguous Endorsements to Deny Coverage

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D&O Insurer Muted by “Uncertainty” in Contract Exclusion, and “Complicated” Endorsements, in Headphone Manufacturer’s Liability Claim
Wednesday, May 26, 2021
The Eighth Circuit Court of Appeals held that a D&O liability insurer could not rely on ambiguous endorsements as a basis to deny coverage for claims brought by investors against its insured company and its CEO. Reversing the Eastern District of Missouri, the appellate court in
Verto Medical Solutions LLC, et al. v. Allied World Specialty Insurance Co., No.19-3511 (8th Cir.), found the policy ambiguous as to whether a contractual liability exclusion had been deleted by endorsement and thus, the insurer must provide coverage for the underlying claims.

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