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. (Substituted opinion)

Appellate Information

• Decided 06/27/2007
• Published 06/27/2007

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Counsel who presented argument on behalf of the appellant/cross-appellee Wintermute was Peter W. Smith of New York, New York.   Also appearing on the brief was Helen Davis Chaitman, New York, New York;  Donald Cooley, Springfield, Missouri;  and Philip L. Guarino, New York, New York., Counsel who presented argument on behalf of the appellant/cross-appellee McAninch was William H. McDonald, Springfield, Missouri., Counsel who presented argument on behalf of the appellee/cross-appellant was Ann L. Hoover, Topeka, Kansas.