Policy’s Plain Language Bars Coverage For Retaliation Claims, Panel Rules, Reverses

Mealey's ( April 24, 2023, 12:40 PM EDT) -- CINCINNATI — The Sixth Circuit U.S. Court of Appeals on April 21 held that a directors and officers, employment practices and fiduciary liability insurance policy’s application exclusion applies to an underlying qui tam complaint and precluded coverage for corresponding retaliation claims brought against the insured by its former employees, reversing a lower federal court’s grant of summary judgment in favor of the insured on its breach of contract and declaratory judgment claims and remanding for the lower court to enter judgment in favor of the insurer....