United States Eighth Circuit

In a case where an insurer of directors and officers liability (D&O) policies refused to defend and indemnify the insured in a third-party lawsuit, summary judgment for defendant-insurer is affirmed where the district court: 1) properly determined the D&O policies' contract exclusions applied; 2) correctly held that defendant had no duty to defend or indemnify plaintiff in the third-party lawsuit; and 3) did not err in giving the insurance exclusion provisions a broad meaning.

Appellate Information

• Decided 04/01/2008
• Published 04/01/2008

Judges

• BYE, Circuit Judge., Before BYE, ARNOLD, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Timothy E. Hayes, argued, Thomas M. Payne III and Daniel R. Schramm, on the brief, St. Louis, MO, for appellant.


• For Appellees:
  
• Jonathan Constine, argued, Doublas S. Cosno, Washington, DC. Gerlad P. Greiman, St Louis, MO, on the brief, for appellee.