Massachusetts Supreme Judicial Court February 13, 2001 (116 Commonwealth Condominium Trust v. Aetna Casualty & Surety Co.)

Cowin, J.

This case has its genesis in a “directors and officers liability” indorsement to a general liability insurance policy (D&O policy). The plaintiff, 116 Commonwealth Condominium Trust (trust), filed a complaint against its insurer, Aetna Casualty and Surety Company (Aetna), alleging that Aetna breached its obligations under the trust’s insurance policy by failing to reimburse the trust