Denari v. Genesis Insurance Company

1 Citing case

  1. Strange v. Genesis Ins. Co.

    536 F. Supp. 2d 71 (D. Mass. 2008)   Cited 6 times

    The exception clause to the exclusion applies to claims brought "totally without the solicitation of, or assistance of, or active participation of" directors and officers, including former directors and officers, (emphasis added) Given the extent of Rubin's participation in the Underlying Litigation, as described above, there is no question that the exception does not apply here. Cf. Denari v. Genesis Ins. Co., 2003 WL 22964371, at *7 (N.D. Ill. 2003) (rejecting the plaintiff's "attempt to downplay the significance of [the] assistance"). As a result, the full force and effect of the exclusion applies.