After becoming involved in a lawsuit with its prior CEO, ClearPoint Federal Bank & Trust (“ClearPoint”) sought liability coverage from its insurance provider Federal Insurance Company (“Federal”).  ClearPoint sought coverage under three insurance policies issued by Federal:  (1) an Employment Practices Liability Insurance Policy (the “EPL Policy”), (2) a Customarq Series Financial Institutions Policy (the “CGL Policy”), and (3) a Commercial Excess and Umbrella Insurance Policy (the “Excess Policy”).  ClearPoint initiated the underlying lawsuit against Federal after Federal denied coverage.  The parties filed competing motions for summary judgment, with the trial court ruling in favor of ClearPoint with regard to the EPL Policy but in favor of Federal with regard to the CGL and Excess Policies.  To the extent that the trial court ruled against them, both parties argue on appeal that the trial court erred in doing so.  Thus, the questions on appeal are whether the trial court erred in granting summary judgment (1) to ClearPoint with regard to the EPL Policy, (2) to Federal with regard to the CGL Policy, and (3) to Federal with regard to the Excess Policy.

The scheduled panelists are Judge Bailey, Judge Bradford, and Judge Foley