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