United States Eighth Circuit

Summary judgment to an insurer in its action to recover payments made in defending Compaq from a class-action lawsuit and on a counterclaim for additional costs of defending that lawsuit is affirmed where the district court did not err in granting summary judgment: 1) on the counterclaim on the basis of res judicata; or 2) to the insurer on its action to recover defense costs, as provided in a letter which contained a reservation of rights.

Appellate Information

• Decided 08/04/2006
• Published 08/04/2006

Judges

• GRUENDER, Circuit Judge., Before MURPHY, MELLOY and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Martin D. Katz, argued, Los Angeles, CA (Jeremiah T. Reynolds of Los Angeles, CA, and Paul A. Banker and Christopher A. Grgurich of Minneapolis, MN, on the brief), for appellant.


• For Appellees:
  
• Charles E. Spevacek, argued, Minneapolis, MN (Jenneane L. Jansen and Michael P. McNamee, on the brief), for appellee.