United States Seventh Circuit

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Nat'l Cas. Co. v. McFatridge, 09-1497

In an action arising from suit against a county and its former state's attorney by an individual convicted of murder in 1986 (but whose conviction was overturned in 2003), a district court's holding that insurer has no obligation to defend or indemnify county and former state's attorney is affirmed as the county's obligation to pay judgments against the former state's attorney or the state attorney's office under section 10/9-102 is not an occurrence or accident as defined by the policies and the insurers have no duty to defend or indemnify the county.

Appellate Information

  • Decided 04/28/2010
  • Published 04/28/2010

Judges

  • BAUER, Circuit Judge., Before EASTERBROOK, Chief Judge, and BAUER and ROVNER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • James L. Craney, Brown & James, St. Louis, MO, for Plaintiffs-Appellees., Michael E. Raub, Heyl, Royster, Voelker & Allen, Urbana, IL, for Defendants-Appellants.