Two insurers asserted that Godiva had not satisfied its burden of proving the claim constitutes a 'loss' under the Insuring agreements because Godiva's actions in the underlying suit were intentional. (Credit: Diego M. Radzinschi/ALM)
A Delaware Superior Court judge has ruled that the settlement costs of a class action lawsuit against the chocolate company Godiva are not excluded from coverage under the confectioner's D&O policy with Endurance American Insurance Company or its excess policy with National Union Fire Insurance Company, a subsidiary of American International Group.
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