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NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Respondent-Appellant, v. JORDACHE ENTERPRISES, INC., et al., Appellants-Respondents.

The policy at issue provides coverage for liability arising out of wrongful acts committed by the corporate defendant's directors and officers in connection with their service to the corporate defendant, and excludes coverage for their wrongful acts not committed in their capacities as directors and officers of the corporate defendant (Coverage A, B; Exclusion 4 [k]). Upon review of the record, we find that no coverage exists pursuant to Exclusion 4 (k) because the individual defendants were acting in their personal capacities when they committed the alleged wrongful acts, rather than their capacities as directors and officers of the corporate defendant. We have considered defendants' remaining arguments and find them to be without merit.

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NATIONAL UN. FIRE v. JORDACHE ENTERS
(Jan 28, 1997)