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UNENCUMBERED ASSETS, TRUST v. GREAT AMERICAN INS.

Case No. 2:04-cv-908.

817 F.Supp.2d 1014 (2011)

The UNENCUMBERED ASSETS, TRUST, Plaintiffs, v. GREAT AMERICAN INSURANCE CO., et al., Defendants.

United States District Court, S.D. Ohio, Eastern Division.

September 16, 2011.

Attorney(s) appearing for the Case

Gene Crawford , United States Attorney's Office Northern District of Ohio, Four Seagate, Toledo, OH, for Plaintiffs.

Michael L. Scheier , Brian P. Muething , Keating Muething & Klekamp, Cincinnati, OH, Michael Hiram Carpenter , Katheryn M. Lloyd , Carpenter Lipps & Leland LLP, John Edward Haller , Dale A. Crawford , Shumaker Loop & Kendrick, Javier H. Armengau , Javier H. Armengau LPA, Columbus, OH, Leonard W. Yelsky , Yelsky & Lonardo, Cleveland, OH, for Defendants.

Mary E. Tait , Robert W. Hamilton , Jones Day, Columbus, OH.

OPINION AND ORDER

JAMES L. GRAHAM, District Judge.

This action stems from an insurance dispute over the proceeds of an excess directors and officers ("D & O") policy purchased by National Century Financial Enterprises, Inc. from Great American Insurance Company. The policy provided coverage of National Century's directors and officers for claims made against them based on "wrongful acts." The policy also covered National Century itself for claims...

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