Publications
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Eleventh Circuit Denies Coverage for Wrongful Acts of Directors and Officers That Arose Out of Their Wrongful Acts as Trustees, an Uninsured Capacity
FC&S Legal: The Insurance Coverage Law Information Center
July 21, 2015
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Eleventh Circuit Denies Coverage for Wrongful Acts of Directors and Officers That Arose Out of Their Wrongful Acts as Trustees, an Uninsured Capacity
11th Circuit Denies Coverage Based on "Capacity" Exclusion
June 30, 2015
In its preface to a recent unanimous decision, the Eleventh Circuit described the case as follows: “Mixing family and family-owned business can be complicated. When the mix produces litigation, complications can multiply. When the litigation involves misconduct allegedly committed by family members serving simultaneously as officers of the family business and as trustees of the family trust holding large amounts of the company’s stock, the complications abound. Add the question of insurance coverage for the litigation to the mix, and you have this case.”
Additional Publications
“Failure to Comply with Statutory Indemnity Requirements: An Issue of Coverage or Bad Faith, or Both?” (co-author), Professionally Speaking Newsletter, Spring/Summer 2004.
“The Frye Standard Finally Fries: A New Approach to the Admission of Scientific Evidence in Daubert v. Merrell Dow,” 14 REV. LITIG. 315, 1994.