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IN RE WORLDCOM, INC. SECURITIES LITIGATION

Master File No. 02 Civ. 3288(DLC).

354 F.Supp.2d 455 (2005)

In re WORLDCOM, INC. SECURITIES LITIGATION This Document Relates to: 03 Civ.652, 03 Civ.4640, 04 Civ.4567, 03 Civ.758, 04 Civ.4089, 03 Civ.7927, 04 Civ.4546.

United States District Court, S.D. New York.

February 3, 2005.

Attorney(s) appearing for the Case

George E. Ridge, Pro Hac Vice, Cooper Ridge & Lantinberg, P.A., Jacksonville, FL, Cory E. Friedman, New York, NY, for Plaintiff Bert C. Roberts, Jr.

Wallace A. Christensen, Ross, Dixon & Bell, LLP, Washington, D.C., Daniel A. Cohen, Kornstein Veisz Wexler & Pollard, LLP, New York, NY, for Defendant Continental Casualty Company.

Wayne E. Borgeest, Ann Marie Collins, Kaufman Borgeest & Ryan LLP, Valhalla, NY, for Defendant Twin City Fire Insurance Company.

Richard A. Kissel, Charles Hyman, Kissel & Pesce LLP, Tarrytown, NY, for Defendant SR International Business Insurance Co.

Jennifer A. Klear, Alan Joaquin, Drinker Biddle & Reath LLP, New York, NY, for Defendant Gulf Insurance Company.

Geoffrey S. Harper, Beth G. Jaynes, Autumn J.S. Huang, Fish & Richardson P.C., New York, NY, for Amicus Curiae of Francesco Galesi.

OPINION & ORDER

COTE, District Judge.

This motion addresses the right of a member of a board of directors to receive from his insurer payment of the costs of defending himself against litigation when the insurer contends that the insurance policy has been rescinded due to a submission of allegedly false financial statements with an application for insurance. Bert C. Roberts, Jr. ("Roberts"), a former chairman of the board of directors of World...

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