SMALL v. ARCH CAPITAL GROUP, LTD.

5082, 5083, 5084, 5085, 600869/07, 5086.

85 A.D.3d 625 (2011)

925 N.Y.S.2d 498

2011 NY Slip Op 5412

LEWIS SMALL, Individually and as Trustee of the RICHARD SMALL VOTING TRUST and the AMERICAN INDEPENDENT COMPANY VOTING TRUST, et al., Appellants, v. ARCH CAPITAL GROUP, LTD., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 23, 2011.


Plaintiffs failed to raise a triable issue of fact whether defendants breached section 9.10 of the parties' agreement by preventing plaintiff Lewis Small from managing the lawsuits (as defined in the agreement) and a directors' and officers' liability claim (the D&O claim) under the insurance policies of American Independent Insurance Holding Company, the predecessor to defendant American Independent Companies, Inc.

With respect to the D&O claim, section 9...

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