Tile Shop Holdings, Inc. v. Allied World National Assurance Co., No. 19-2404 (8th Cir. 2020)
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Tile Shop Holdings settled multiple lawsuits with its shareholders and then sought indemnification under its directors-and-officers insurance policies. Allied World, Tile Shop's excess insurer, denied coverage.
The Eighth Circuit held that Allied is neither liable for the losses from the prior acts it has excluded in its own policy nor those excluded under the primary policy. Under the first prior-acts exclusion, Tile Shop's wrongful acts started well before August 20, 2012, the policy's retroactive date, which made any losses from them excludable under the relation-back clause.
Court Description: [Stras, Author, with Kelly and Erickson, Circuit Judges] Civil case - Insurance. Tile Shop was not entitled to coverage under the directors-and-officers insurance policies at issue because the prior-acts exclusion provision of the policy applied to Tile Shop's losses.
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