The Federal District Court for the District of Maine recently held that a discrimination suit was not covered by a directors and officers liability insurance policy where the suit alleged corporate actions through a company’s officers and directors, but named only the company as a defendant. 

The Eighth Circuit Court of Appeals recently held that no coverage was available under two excess professional liability claims-made insurance policies for class action lawsuits asserting claims similar to those asserted in class actions filed prior to the policies’ effective date.  In so ruling, the Court rejected the insured’s argument that the later suits were covered despite the policies’ prior acts provision because, at the time of the policies’ inception, the insured could not reasonably foresee that a claim might be brought by the specific claimants.