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Martin Resource Management Corp. v. Federal Insurance Co.

Court: 5th Cir  09/20/2021  Fifth Circuit Holds Exception to Exclusion Does Not Establish Coverage

The Fifth Circuit Court of Appeals affirmed dismissal granted by district court, holding that the insured under a claims-made Executive Protection Portfolio Policy failed to establish a claim for coverage under the policy's Fiduciary Liability Coverage Insuring Clause 1, and that exception to the policy's contractual liability exclusion did not create coverage where not otherwise established.

executive protection portfolio policy, claims-made policy, motion to dismiss, fiduciary liability coverage, FRCP 12(b)(6), contractual liability exclusion, exception to exclusion

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