Tommy Spitaletto (Partner-Dallas, TX) argued a motion for summary judgment in the Southern District of Florida and a subsequent Eleventh Circuit appeal, securing dismissal of a coverage action by an insured under a $10 million D&O policy in a federal court case based on the “Insured versus Insured” exclusion. The insured argued that the exclusion did not apply to the causes of action asserted by the uninsured plaintiff, and that coverage should exist for at least those causes of action. The court, however, held that the exclusion defeated coverage for the entire underlying lawsuit, as Tommy argued, despite the presence of both insured and uninsured plaintiffs. The court distinguished and did not follow a Seventh Circuit opinion by Judge Posner, but followed the only other published opinion in the country at the time addressing this novel issue, turning the weight of authority nationwide back in favor of insurers.