SAN JUAN, Puerto Rico — On Nov. 7, Andrés Rivero became the first person to argue the applicability of the Insured v. Insured exclusion in an FDIC law suit in front of the First Circuit Court of Appeals. Rivero argued that a district court’s order stating that it is the insurers’ duty to advance defense costs should be upheld.

Rivero Mestre represents six former directors and officers in FDIC v. Stipes, the FDIC’s lawsuit arising from its takeover of Westernbank Puerto Rico. When the D&Os’ insurer denied coverage based on the Insured v. Insured exclusion, the firm obtained an order requiring the insurer to advance defense costs for attorneys’ fees incurred while litigating over coverage—the first such order in this banking crisis.

Rivero’s oral argument in front of the First Circuit Court of Appeals can heard here. The First Circuit appellee brief can be found here.  The case is sub judice.