FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Buena Vista Bank & Trust Company, and Glenn R. McGowan, Petitioners,
v.
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, Respondent.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
December 14, 1992.
As Modified on Denial of Rehearing January 11, 1993.
Attorney(s) appearing for the Case
Popham, Haik, Schnobrich & Kaufman, Ltd., Wiley Daniel, Richard G. Sander, Denver, Comey & Boyd, Eugene J. Comey, Sean M. Fitzpatrick, Robert F. Schiff, Linda S. Madrid, Washington, DC, for petitioner F.D.I.C.
Rothgerber, Appel, Powers & Johnson, Timothy J. Judson, Tennyson W. Grebenar, Franklin D. O'Loughlin, Denver, for petitioner Glenn R. McGowan.
Berryhill, Cage & North, P.C., Jack W. Berryhill, Denver, Meager & Geer, Robert E. Salmon, William M. Hart, Minneapolis, MN, for Respondent.
D'Amato & Lynch, Robert M. Yellen, New York City, for amicus curiae Nat. Union Fire Ins. Co.
Supreme Court of Colorado, En Banc.
Justice QUINN delivered the Opinion of the Court.
This case raises two questions decided by the court of appeals in Federal Deposit Ins. Corp. v. Bowen,824 P.2d 41 (Colo. App.1991). The court of appeals held that the terms of a "regulatory exclusion" in a directors' and officers' liability insurance policy issued by American Casualty Company to the Buena Vista Bank and Trust Company, a state-chartered banking institution that...
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