United States Second Circuit

The "insolvency exclusion" in plaintiffs' liability insurance policy excluded coverage for certain lawsuits brought against plaintiffs which alleged fraudulent misrepresentations about plaintiffs' corporate financial health, where the suits were based upon a claim "[a]rising out of, based upon or related to" the "insolvency" or "financial impairment" of plaintiffs within the meaning of the policy exclusion.

Appellate Information

• Decided 02/14/2001
• Published 02/14/2001

Judges

• SOTOMAYOR, Circuit Judge:, Before: WALKER, Chief Judge,POOLER, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jeffrey A. Goldwater,Bollinger, Ruberry & Garvey, Chicago, IL (Bryan G. Schumann, Daniel V. Marsalli, Bollinger, Ruberry & Garvey, Chicago, IL, of counsel, Christopher L. Brigham, Updike, Kelly & Spellacy, P.C., New Haven, CT), for defendant-appellant., F. Timothy McNamara, Hartford, CT, for plaintiffs-appellees.