At & T CORP. v. Faraday Capital Ltd.

BERGER, Justice:

In this appeal we consider one aspect of the coverage afforded under certain directors and officers and company liability policies (the D & 0 policies). The insured seeks coverage, under multiple primary and excess policies, for defense costs and other expenses arising out of two stockholder suits. The Superior Court granted partial summary judgment to the insurers, holding that each lawsuit under consideration constitutes one “Claim,” and that both claims were barred under the policies’ prior litigation exclusions, among other reasons. We conclude that the trial court…