United States Eighth Circuit

In an action claiming that a directors and officers (D&O) liability insurance policy obligated defendant to defend plaintiff in a criminal action brought against her, summary judgment for defendant is reversed where: 1) because the doctrine of res judicata would have foreclosed the claims plaintiff sought to add to her complaint, any amendment would have been futile; 2) looking beyond the allegations in the complaint would not result in a final adjudication requirement even though the policy contained no such requirement; and 3) missing from the facts stated in the indictment was an allegation that plaintiff received a personal gain to which she was not legally entitled.

Appellate Information

• Decided 01/06/2011
• Published 01/07/2011

Judges

• David R. Hansen

Court

• United States Eighth Circuit

Counsel