Article ID: 49e614d859a7889353854683c82d9ab4f08efb5b306cf36cc74ec2937fa5a1c8
Source ID: secondary:businessinsurance.com
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URL: https://www.businessinsurance.com/jury-must-decide-do-claim-dispute-judge-rules/
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Jury must decide D&O claim dispute, judge rules - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Jury must decide D&O claim dispute, judge rules by Richard Sine Claims Disputes , D&O Apr 27, 2026 A group of London-based insurers that advanced $880,000 to cover a former energy executive’s legal fees will have to take their case to a jury to recover the money. In Arch Insurance Company (Europe) Ltd. v. Reilly , decided Friday by U.S. District Judge Julien Xavier Neals in New Jersey, the court largely denied competing summary judgment motions, finding that too many factual disputes remain for a judge to resolve without a jury. The case stems from a dispute involving a directors and officers liability policy issued to Chemoil Energy, a commodity trading company. After Thomas Reilly resigned as Chemoil’s CEO in 2014, he filed for arbitration seeking severance. Chemoil countersued, and Mr. Reilly sought coverage under the policy. The insurers — including Arch Insurance (UK), Liberty Mutual Insurance Europe, Hiscox, Barbican, and Endurance — agreed to advance funds for his defense against the counterclaim and paid $880,000. Mr. Reilly won the arbitration and then sought $2.1 million in fees from Chemoil. He later settled that fee claim with Chemoil for $1.2 million. The settlement left the insurers unable to recover their advance through subrogation. The insurers sued Mr. Reilly for breach of the policy’s consent and subrogation clauses. Mr. Reilly claimed that the insurers had unreasonably refused to approve the terms of the settlement. “Whether conduct constitutes a breach of contract and, if it does, whether the breach is material are ordinarily jury questions,” the opinion states. Related News Court bars injured worker’s claim against Second Injury Fund after settlement April 27, 2026 WTW names former Newfront execs to AI leadership roles April 27, 2026 Texas to audit topical drug prescriptions in comp April 27, 2026 Monte Paschi sets conditions for Generali stake sale April 27, 2026 Insurers require Iran coordination for Hormuz cover April 27, 2026 Suncorp locks in additional $574M reinsurance cover April 27, 2026 Oil shock hits India, Philippines, Thailand April 27, 2026 ADB secures $160M cat bond April 27, 2026 Ryanair’s fuel supplies secured only until end of May April 27, 2026 Facebook-f X-twitter Linkedin-in Business Insurance is a singular, authoritative news and information source for executives focused upon risk management, risk transfer and risk financing. Never miss important news: Become a Business Insurance Online subscriber today Subscribe Now Information About Us Contact Advertise Privacy Policy Terms & Conditions Copyright 2026. BUSINESS INSURANCE HOLDINGS Member, Beacon International Group, Ltd.
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