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The United States Court of Appeals for the Tenth Circuit, applying Kansas law, has held that a D&O insurer was obligated to reimburse defense costs where a policy expressly covered antitrust claims but excluded coverage for such claims in the context of the insured’s “core business,” thereby creating an asserted ambiguity. Allied World Specialty Ins. Co. v. Blue Cross & Blue Shield of Kan., Inc., 2024 WL 4969268 (10th Cir. Dec. 4, 2024). The court also held that, because at least some of the claims asserted in the underlying action were unrelated to those alleged in prior litigation, the policy’s related claims provision and prior litigation exclusion did not preclude the potential for coverage.
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