United States Eighth Circuit
Capella University, Inc. v. Executive Risk Specialty Ins. Co., 08-2382
In an action alleging that defendant-insurer owed a duty to defend plaintiff against a federal lawsuit brought by one of plaintiff's former students, judgment for plaintiff is affirmed in part where: 1) the lawsuit was not subject to an exclusion in the policy as based upon, arising from, or in consequence of a prior or pending formal administrative proceeding; and 2) no unfair advantage to plaintiff or detriment to defendant would result from allowing a subsequent, accurate accounting of the fees and costs to form the basis for the award in this case. However, the judgment is reversed in part where plaintiff did not waive its right to statutory prejudgment interest.
Appellate Information
- Decided 08/20/2010
- Published 08/20/2010
Judges
- David R. Hansen
Court
- United States Eighth Circuit