Mealey's ( April 26, 2023, 12:00 PM EDT) -- PHILADELPHIA — The Third Circuit U.S. Court of Appeals on April 25 granted an insurer’s petition for panel rehearing, vacated a March 29 opinion, filed an amended opinion and said the amendment does not affect its companion judgment that vacated a lower federal court’s ruling that a directors and officers liability insurer has no duty to pay its insured’s defense costs arising from an underlying investigation by the Securities and Exchange Commission, refusing to disturb its finding that there is a genuine issue of material fact as to whether the SEC was investigating the insured’s wrongful acts....