December 16, 2004 |

Insurance Coverage, Federal Procedure

On behalf of our client we sued the primary Directors & Officers carrier seeking coverage for certain claims (see August 2005 above). The insurer removed the case to Federal Court based on alleged fraudulent joinder (CNA apparently seeks to have only its subsidiary operating units named as defendants). After extensive briefing the Federal court issued an order remanding the case to state court, where we believed the law and procedure were more favorable to our client.