INFORMIX CORPORATION, et al., Plaintiff (s), v. LLOYD'S OF LONDON, et al., Defendant (s)., 1992 U.S. Dist. LEXIS 16836

Summary

The insureds instituted an action against the insurers for declaratory relief that any loss resulting from certain claims in a class action lawsuit would be covered under the second of two insurance policies. The insurers filed a motion to dismiss, which the court converted to a motion for summary judgment under Fed. R. Civ. P. 56, and the insureds also sought summary judgment. The court granted the insurers' motion and denied the motion by the insureds. The court determined that, under a natural and reasonable interpretation of the definition of a claim, an amended complaint in the class action lawsuit did not constitute a claim made during the policy period of the second policy. The court also determined that new allegations in the amended complaint did not constitute new claims. The court concluded that any loss sustained by the insureds in the class action lawsuit was covered under the first policy, if at all. The court further concluded that the new allegations were precluded from...