Resolution Trust Corp. v. Ayo

REYNALDO G. GARZA, Circuit Judge:

The above consolidated cases were brought by the RTC against former officers and directors of banks who carried Director & Officer Liability Policies (“D & 0”) with Fidelity & Deposit Co. of Maryland (“F & D”). In both eases, the district judges found that no genuine issue of material fact existed, and granted summary judgment in favor of F & D on the grounds that the insureds failed to comply with the notice requirements of the F & D policy. The relevant portions of the policies for each case are identical. The issues of law presented for appeal are also…