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073624P.pdf   04/24/2009  Westchester Fire Ins. Co.  v.  Douglas Wallerich
   U.S. Court of Appeals Case No:  07-3624
                          and No:  07-3625
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Smith, Author, with John R. Gibson and Bye, Circuit Judges]
Civil case - Insurance. District court erred in finding spouse of insured director was not an insured party under the provisions of the policy in question; because both the director and his spouse were insureds, the "insured v. insured" exclusion of the policy applies, and the insurer did not have any duty to defend the insureds; insurer was not entitled to reimbursement of defense costs; since there was no duty to defend the insureds, they were not entitled to coverage fees. Judge Bye, dissenting.