Court Finds Defense Coverage Under D&O Policy Where Dispute Whether Officer was Acting on Behalf of Company
The Ninth Circuit recently reaffirmed the California legal standards that mandate that insurers defend their insureds where the insured would reasonably expect a defense, and that a third party plaintiff’s factual allegations, not its legal conclusions, govern the duty to defend. Goerner v. Axis Reinsurance Co., 2010 U.S. App. LEXIS 21624 (Oct. 20, 2010, 9th Cir. unpublished).