United States Seventh Circuit

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James River Ins. Co. v. Kemper Cas. Ins. Co., 08-3570

In plaintiff-insurer's case seeking a declaration that it had no duty to defend or indemnify two lawyers who were sued for malpractice, district court's grant of summary judgment in favor of defendant-insurer is reversed with instructions to enter the declaratory judgment requested by plaintiff as its policy does not apply since it excludes coverage of conduct covered by a prior insurer, and all the wrongful acts alleged in the malpractice suit arose from events that took place in defendant's policy period.

Appellate Information

  • Decided 10/28/2009
  • Published 10/28/2009


  • POSNER, Circuit Judge., Before POSNER, MANION, and TINDER, Circuit Judges.


  • United States Seventh Circuit


  • For Appellant:
  • Vasudav N. Addanki, Michael Resis, Attorney (argued), Smithamundsen, LLC, John J. Lynch, Attorney, Figliulo & Silverman, Chicago, IL, for Plaintiff-Appellant.

  • For Appellees:
  • Mitchell D. Rose, Attorney (argued), Edward R. Ruberry, Attorney, George J. Manos, Attorney, Bollinger, Ruberry & Garvey, Joseph M. O'Callaghan, Attorney, O'Callaghan & Colleagues, Chicago, IL, for Defendant-Appellee.
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