A New York trial court
recently granted summary judgment to a group of excess D&O insurers seeking a declaration that their policies do not cover settlements and consent judgments the defendants paid in connection with underlying securities actions. The decision emphasizes the insured capacity limitation in the D&O policy definition of a “wrongful act” and also reinforces that amounts paid as disgorgement are uninsurable as a matter of New York law.
Continental Casualty Co., Argonaut Insurance Co., Freedom Specialty Insurance Co., and QBE Insurance Co. were part of a tower of D&O coverage issued to AR Capital LLC. AR Capital and other defendants Bellevue Capital Partners, Nicholas Schorsch, Edward Weil, William Kahane, and Peter Budko sought coverage from the insurers for their share of amounts paid to settle multiple consolidated securities class actions, a derivative litigation, and an SEC enforcement action.
Nick Schorsch is back and heading up a SPAC
The former nontraded REIT czar is looking for a next act in the securities industry, and this time it s a family affair.
February 25, 2021 3 MINS
Nicholas Schorsch, the former nontraded REIT czar who is both loved and hated by financial advisers who sold his products, is reentering the securities business after several years on the sidelines and is heading up a brand new SPAC, or special purpose acquisition company, that will buy leisure-focused businesses.
This month, G&P Acquisition Corp. registered a $200 million securities offering with the Securities and Exchange Commission, with the intention of selling 20 million shares at $10 each. Schorsch is the chairman of the G&P SPAC, which intends to invest in leisure-oriented businesses and the craft brewing automotive and distribution sectors.