United States Second Circuit

In insurance coverage dispute between former directors and officers of Commodore International and insurers, summary judgment for insurers is affirmed, where: 1) in the circumstances of this case, there is jurisdiction to review the voluntary dismissal of a claim following the denial of a motion for summary judgment; and 2) the plain language of the relevant excess insurance policies requires the "payment of losses," not merely the accrual of liability, in order to reach the relevant attachment points and trigger the excess coverage.

Appellate Information

• Decided 06/04/2013
• Published 06/04/2013

Judges

• CABRANES

Court

• United States Second Circuit

Counsel