Extract to table

C&H's response contested the applicability of the criminal-act exclusion at the pre-adjudication stage on multiple grounds, including that: (a) no conviction or guilty plea has occurred; (b) no indictment has been returned; (c) the criminal-act exclusion, by its terms, requires "final adjudication" before it can be invoked to deny coverage; and (d) the prevailing judicial authority in the relevant jurisdictions supports the position that D&O insurers must advance defense costs pending final adjudication, even where a criminal-act exclusion exists in the policy