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SPHINX INTERN. v. NATIONAL UNION FIRE INS. CO.

No. 03-13214.

412 F.3d 1224 (2005)

SPHINX INTERNATIONAL, INC., Bahram Yusefzadeh, Raju Shivdasani, Plaintiffs-Appellants, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, a New York Corporation, Defendant, Genesis Indemnity Insurance Company, a Connecticut Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 14, 2005.

Attorney(s) appearing for the Case

David H. Simmons, Bart R. Valdes, Drage, DeBeaubien, Knight, Simmons, Mantzaris & Neal, LLP, Orlando, FL, for Plaintiffs-Appellants.

Jeffry W. Duffy, Lewis K. Loss, Jennifer L. Gates, Thompson, Loss & Judge, LLP, Jeffrey J. Ward, Ross, Dixon & Bell, LLP, Washington, DC, for Defendant-Appellee.

Before TJOFLAT and HILL, Circuit Judges, and GRANADE, Chief District Judge.

TJOFLAT, Circuit Judge:

This case is about a directors' and officers' liability policy (D&O policy). More specifically, it's about that D&O policy's "insured vs. insured" exclusion, which acts to bar coverage for claims brought by directors and officers. The district court held on summary judgment that this exclusion bars coverage for claims brought by a former director and officer. We agree and thus affirm.

We divide our opinion in three parts. In...

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