Action to Collect on D&O Insurance Policy

In Wintermute v. Kansas Bankers Surety Co., No. 09-2806, an action claiming that a directors and officers (D&O) liability insurance policy obligated defendant to defend plaintiff in a criminal action brought against her, the court reversed summary judgment for defendant where 1) because the doctrine of res judicata would have foreclosed the claims plaintiff sought to add to her complaint, any amendment would have been futile; 2) looking beyond the allegations in the complaint would not result in a final adjudication requirement even though the policy contained no such requirement; and 3) missing from the facts stated in the indictment was an allegation that plaintiff received a personal gain to which she was not legally entitled.

 

Related Resources

  • Read the Eighth Circuit’s Decision in Wintermute v. Kansas Bankers Surety Co., No. 09-2806

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