Delaware Business Litigation Report

Court Of Chancery Upholds Insurance Claims Arising Out Of Madoff Scandal

Massachusetts Mutual Life Insurance Company v Certain Underwriters At Lloyds , C.A. 4791-VCL (July 23, 2010)

This decision holds that insurance in the form of an indemnity bond or a D&O policy may cover losses suffered as a result of the Madoff fraud.  The application of a bond to such claims may surprise some as Madoff was not an employee whose dishonesty was the cause of the loss. However, as the Court notes, the bond at issue was written very broadly and may well cover dishonesty of such third persons.

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