United States Eighth Circuit

In an insurance coverage dispute, district court judgment is affirmed in part and reversed in part where: 1) the court erred in finding spouse of insured director was not an insured party under the policy; 2) plaintiff did not have any duty to defend the defendants, as the "insured v. insured" exclusion to the policy applied since both the director and his spouse were insured parties; 3) plaintiff was not entitled to reimbursement of defense costs; and 4) court erred in granting defendant's claim for coverage fees.

Appellate Information

• Decided 04/24/2009
• Published 04/24/2009

Judges

• SMITH, Circuit Judge., Before BYE, JOHN R. GIBSON, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Jeffrey M. Thompson, argued, William M. Hart and Jenneane L. Jansen, on the brief, Minneapolis MN, for appellant/cross-appellee., Paula Duggan Vraa, argued, St. Paul, MN, for appellee/cross-appellant.