Case Involving Commercial General Liability Policies

In In re Vitek, Inc., 51 F.3d 530 (5th Cir. 1995) the court stated that the corporate owner of commercial general liability policies owned the liability proceeds of those policies, "irrespective of whether those policies also provide liability coverage for the . . . directors and officers." Vitek, 51 F.3d at 534. This is because the policy in Vitek had one policy limit that provided liability coverage for both the corporation and its directors and officers. Id. As such, any liability proceeds paid to the directors and officers reduced the total liability coverage available to the corporation. The corporation's exposure was increased by any payment of liability proceeds-thus, the corporation had an interest in all the proceeds.