DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

072865P.pdf   08/15/2008  St. Paul Fire and Marine Ins.  v.  Compaq Computer Corp.
   U.S. Court of Appeals Case No:  07-2865
                          and No:  07-2949
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Murphy, Author, with Wollman and Smith, Circuit
   Judges]
   Civil Case - declaratory judgment - insurance. District court's
   determination that St. Paul Fire and Marine Ins had duty to defend suit
   against Compaq computers is affirmed. Applying Texas law, last
   amended complaint alleged a loss caused by an error and involved
   unintentional acts as defined by policy. The damages requested are
   compensatory and within the policy coverage. The exclusion for
   intentional wrongful act is inapplicable. Under Minnesota res judicata
   law, the district court correctly concluded res judicata barred the claim
   for double duty defense costs by Compaq. The district court erred in
   denying the assessment of statutory damages under Texas law and the case
   is remanded for calculation of statutory damages.