SDNY Rejects Insurer’s Attempt to Stretch D&O Policy’s “Subsequent Acts” Exclusion

In a recent decision from the Southern District of New York, Judge Jed S. Rakoff rejected an insurer’s attempt to stretch a “Subsequent Acts” exclusion beyond its text and denied a motion to dismiss a policyholder’s coverage action. The decision in AmTrust Financial Services, Inc. v. Forge Underwriting Ltd. underscores a familiar but critical point in New York insurance law: exclusions are strictly construed, and insurers bear a heavy burden when they attempt to defeat coverage at the pleading... By: Pillsbury - Policyholder Pulse blog