Legal Opinion

Federal Insurance Co. v. Sheldon (In Re Donald Sheldon & Co.)

District Court, S.D. New York

Decided September 6, 1995No. 94 Civ. 8336 (LAK)PublishedCited by 7 opinions

1Opinion of the Court

OPINION

KAPLAN, District Judge.

Mary Schad and Donald Sheldon, both former directors of Debtor Donald Sheldon & Co. (“DSCO”), were found liable to the Debt- or in the amount of $16 million in an adversary proceeding for breaches of their fiduciary duty. The Debtor’s Trustee brought a second adversary proceeding against Federal Insurance Company (“Federal”) to recover the liability of Sheldon and Schad pursuant to a directors and officers insurance policy on which they were insured persons. Federal denied liability, claiming that the loss was excluded from coverage by Illegal Personal Gain and…

2Cases cited14 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
  3. Lachs v. Fidelity & Casualty Co.New York Court of Appeals · 1954
  4. Kimmins Industrial Service Corporation v. Reliance Insurance Company, National Casualty Company, Landmark Insurance CompanyCourt of Appeals for the Second Circuit · 1994
  5. M.H. Lipiner & Son, Inc. v. The Hanover Insurance CompanyCourt of Appeals for the Second Circuit · 1989

9 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Pendergest-Holt v. Certain Underwriters at Lloyd's of LondonCourt of Appeals for the Fifth Circuit · 2010
  2. Plainview Milk Products Cooperative v. Westport InsuranceDistrict Court, D. Minnesota · 2001
  3. Federal Insurance v. Sheldon (In re Donald Sheldon & Co.)District Court, S.D. New York · 1998
  4. J.P. Morgan Securities Inc. v. Vigilant Insurance Co.New York Supreme Court · 2017
  5. J.P. Morgan Sec. Inc. v. Vigilant Ins. Co.New York Supreme Court · 2017

2 more not listed; retrieve them via the Exa API.

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