United States Third Circuit

In plaintiff's action involving coverage under a directors and officers insurance policy brought against defendant Hartford, who had taken over claims administration for defendant-Reliance (liquidated insurer) and assumed some of its liabilities, district court's grant of summary judgment in favor of Hartford is affirmed where: 1) the Hartford policy period does not include the amended Reliance policy period, and there is no basis to conclude that plaintiff could have reasonably expected its policy with Hartford to cover the Reliance policy; 2) the interrelated wrongful acts provision applies to bar coverage for the CCR and Claimants Committee actions under the Hartford policy; 3) other agreements do not make Hartford directly liable for fraudulent conveyance actions; and 4) judicial estoppel does not apply to Hartford's invoking of the interrelated wrongful acts provision.

Appellate Information

• Argued 01/29/2009
• Decided 10/26/2009
• Published 10/26/2009

Judges

• Before:  SCIRICA, Chief Judge, AMBRO, and SMITH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Anthony Bartell, Esquire, McCarter & English, Newark, NJ, Stephan G. Weil, Esquire, Jerold Oshinsky, Esquire (Argued), Washington, DC, for Appellants.


• For Appellees:
  
• Arnold R. Gerst, Esquire, Brad M. Weintraub, Esquire, Weiner Lesniak, Parsippany, NJ, Lawrence J. Bistany, Esquire (Argued), Celestine M. Montague, Esquire, White & Williams, Philadelphia, PA, for Appellees.