Abrams v. RSUI Idemnity Co.

OPINION AND ORDER

JOHN G. KOELTL, District Judge:

These are cross-motions for summary judgment in a dispute between the plaintiffs, Robert S. Abrams (“Abrams”) and Robert S. Abrams Living Trust (the “Trust”), and the defendant, RSUI Indemnity Company (“RSUI”). The dispute concerns whether, pursuant to a directors and officers liability insurance policy (the “D & 0 Policy”), RSUI is required to pay for the plaintiffs’ defense expenses incurred before Abrams notified the defendant that a lawsuit had been brought against him (the “pre-notice defense expenses”).

The plaintiffs move for summary…