Stark Novus D&O insurer loses bid to appeal New York coverage ruling
SNFI•A New York intermediate appellate court on Sept. 22, 2026, denied the insurer’s request for reargument and leave to appeal, leaving intact a ruling rejecting its retroactive date exclusion defense. Stark Novus seeks reimbursement for tens of millions of dollars in defense costs; its policy includes a $5 million primary limit and at least $45 million in potentially available excess Side ABC coverage.
1. Appeal bid denied
The New York intermediate appellate court denied the D&O insurer’s bid for reargument and leave to appeal on Sept. 22, 2026, leaving intact its decision rejecting the insurer’s retroactive date exclusion defense. The ruling clears a path to potential coverage, but covered claims and recoverable amounts remain unresolved, and some underlying matters are ongoing.
2. Coverage at issue
Stark Novus has sought reimbursement for tens of millions of dollars in defense costs, mostly incurred in 2021–2023. The primary D&O layer has a $5 million limit, with at least $45 million in excess Side ABC coverage potentially available.
