Section 9.15 Capacity Issues

• Library: Insurance Practice 2015

For additional support of Ratcliffe v. International Surplus Lines Insurance Co., 550 N.E.2d 1052, 1059–60 (Ill. App. 1990) (cited in the original chapter), see McAninch v. Wintermute, 491 F.3d 759, 761, 769–70 (8^th Cir. 2007), which agrees that a director and officer liability policy, which provided indemnification for wrongful acts arising solely out of conduct as a director or officer, could not be construed to limit coverage to claims made on the basis of status if doing so would negate the policy’s purpose to provide indemnity coverage for specific claims based on conduct.

2010 SUPPLEMENT (§9.15)

b. (§9.15) Capacity Issues

Occasionally, the existence of coverage may depend on the capacity in which an insured director or officer was acting when the wrongful act or acts were committed. Normally, the allegations of the complaint are...