United States Eighth Circuit

In a breach of contract action brought by former bank directors against their insurer, an insurer may not avoid its duty to indemnify under a D&O policy for alleged wrongful conduct merely by arguing the director was also an owner, shareholder, etc., without some explanation as to how such dual capacity related to or facilitated the alleged wrongful conduct.

Appellate Information

• Decided 03/06/2007
• Published 03/06/2007

Judges

• SMITH, Circuit Judge., Before BYE, HANSEN, and SMITH, Circuit Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Peter W. Smith, argued, New York, NY (Helen Davis Chaitman, on the brief), for appellant/cross-appellee Wintermute., William Henry McDonald, argued, Springfield, MO, for appellant/cross-appellee. McAninch., Ann L. Hoover, argued, Topeka, KS, for appellee-cross-appellant.