United States Eighth Circuit

In a suit alleging that defendants-insurers were obligated to indemnify plaintiff-construction company for liability incurred in an underlying state-court lawsuit, summary judgment for insurers is affirmed over claims that: 1) the policies at issue do cover the underlying breach of fiduciary duty; and 2) the district court erred in excluding two affidavits from the summary-judgment record.

Appellate Information

• Decided 05/11/2007
• Published 05/11/2007

Judges

• BOWMAN, Circuit Judge., Before RILEY, BOWMAN, and ARNOLD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• J. Vincent Keady, Jr., argued, St. Louis, MO (John C. Grellner, St. Louis, MO, on the brief), for appellant.


• For Appellees:
  
• Davis T. Ahleim, argued, St. Louis, MO (James W. Childress, Matthew J. Eddy, St. Louis, MO, on the brief), for appellee.