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The court rules Chubb in the D&O case



And Chubb Ltd. unit must pass the insurance costs according to its management liability policy to a mortgage broker in Chicago who was the subject of a federal government investigation, the Delaware Superior Court has ruled.

Chubb unit Ace American Insurance Co. a private corporate governance policy for Guaranteed Rate Inc., according to Wednesday's judgment of the Delaware Superior Court in New Castle, Delaware, Guaranteed Rate Inc. v. ACE American Insurance Co., XL Specialty Insurance Co., Axis Insurance Co. and Endurance American Insurance Co. .

GRI received a need for a civil investigation in June 2019 from the US Attorney's Office for the Northern District of New York and the US Department of Justice, in connection with alleged violations of the False Claims Act.

GRI announced the claim to its insurer Ace on July 8, 201

9 and sought coverage for approximately $ 18 million under the 2018-2019 policy. In January 2020, Ace denied that the civil investigation need was a "requirement" under the policy.

Ace argued that GRI's request should have been made before the disposition, according to the judgment. Ace also claimed that "GRI failed to establish that GRI incurred defense costs in excess of $ 2.5 million," the ruling said.

The mortgage company filed a request for a partial summary judgment as to whether the civil investigation requirement was a requirement, the exclusion of professional services in the applicable policy and whether Ace breached his contract by refusing to recognize the claim as a claim, according to the judgment . board members and salaried employees covered by the policy.

In Wednesday's judgment, the court found that the requirement for a civil investigation falls within the definition of "claim" according to the policy and that the claim was only made during the insurance period. Therefore, the policyholder's claim for a partial judgment in this matter was granted.

“Advances can be reimbursed if subsequent proceedings establish that the insurance does not provide coverage. Any relevant insurance will also apply, ”according to the ruling.

The Court also found that the exclusion of professional services does not apply to prevent coverage under the insurance, which grants the policyholder's claim for a partial judgment. The ruling "was largely drafted" by the insurer, the insurer failed to define "professional services" and the ruling "must be interpreted narrowly in favor of coverage", the ruling said. mean that the originally insured loans that did not meet the applicable quality control standards arise and are taken out. It seems that the obligation to meet certain standards was most owed to the federal government, not to the mortgagees … Compliance with applicable quality control standards is not a professional service provided directly to borrower customers, so that coverage would be excluded by the police exclusion of professional services, says the verdict.

Chubb did not immediately respond to a request for comment. Catalog

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