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United States Eighth Circuit


AM. HOME ASSURANCE CO. v. POPE, 03-2815

While insured psychologist's failure to report child abuse to government officials was criminal conduct and thus satisfied the policy exclusion for criminal misconduct, that provision did not preclude coverage on a claim that the insured breached his common law duty to notify the child's caregivers that the child's father posed a future risk of sexual abuse to her. Remanded for further proceedings.

Appellate Information

  • Decided 03/11/2004
  • Published 03/11/2004

Judges

  • BRIGHT, Circuit Judge., Before MELLOY, BRIGHT, and HANSEN, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Danieal H. Miller, Columbia, MO, Roger G. Brown, Jefferson City, MO, argued, for appellants.

  • For Appellees:
  • Douglas R. Richmond, Carlton D. Callenbach, Kansas City, MO, argued, for appellee.
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