Yessenow v. Executive Risk Indemnity 

Court properly granted partial summary judgment in favor of former directors of two bankrupt Indiana entities, holding that per D & O liability policy, insurer must defend directors in underlying suit filed by bankruptcy trustee. Policy's bankruptcy exclusion is unenforceable, as policy is an asset of bankruptcy estate, and trustee cannot obtain indemnity benefit without permitting access to defense costs under policy. Bankruptcy exclusion is precluded by Bankruptcy Code as provision states that it is conditioned on debtor's insolvency and commencement of a bankruptcy case. Policy's "insured vs. insured" exclusion is inapplicable, as court-appointed trustee is an instrument of the law and an agent of the court, and is a distinct entity from the prefiling debtor working on behalf of creditors, not on behalf of debtor. (MURPHY and STEELE, concurring.)