dartboard,
I am no lawyer and I am not sure if you are one either, but I disagree with the logic. It is a Civil matter. The directors are the respondents, not CER or CNP. It may roll back to Directors insurance that CNP/CER had at the time but I believe these matters will and are covered in existing litigation.
ie: CER is in the same amount of trouble (or not). Not twice as much....that's my view. I could be wrong.