Judge: Benefits Provider's Coverage Claim Wrongly Cast As Wrongful Acts Claims

Judge: Benefits Provider's Coverage Claim Wrongly Cast As Wrongful Acts Claims

DALLAS - An insured "is attempting to transform its D&O $(directors and officers$) liability policy into a first-party policy to provide coverage for its own loss," a Texas federal judge ruled April 29, granting an insurer's motion to dismiss breach of contract and bad faith claims against it (American Construction Benefits Group LLC v. Zurich American Insurance Co., No. 3:12-cv-02726, N.D. Texas; 2013 U.S. Dist. LEXIS 60308).

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