Insured's Claim Under E&O Policy Arose Out Of Insurer's Insolvency, Panel Concludes

Insured's Claim Under E&O Policy Arose Out Of Insurer's Insolvency, Panel Concludes

DENVER - An insurance broker's claim under an errors and omissions insurance policy arose out of another insurer's bankruptcy or insolvency and, thus, is precluded from coverage under a bankruptcy or insolvency exclusion, the 10th Circuit U.S. Court of Appeals held Sept. 4, reversing a trial judge's ruling (C.L. Frates & Co. v. Westchester Fire Insurance Co., No. 12-6274, 10th Cir.; 2013 U.S. App. LEXIS 18340).

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