082848P.pdf   01/11/2010  American Home Assurance Co.  v.  Kelly Pope
   U.S. Court of Appeals Case No:  08-2848
                          and No:  08-2853
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Riley, Author, with Smith and Shepherd, Circuit Judges]
   Civil case - insurance. For the court's prior opinions in the matter, see
   Am. Home Assurance Co. v. Pope, 360 F.3d 848 (8th Cir. 2004) and Am.
   Home Assurance Co. v. Pope, 487 F.3d 590 (8th Cir. 2007). Under
   Missouri law the district court erred in finding Dr. Strnad's conduct was
   knowingly wrongful within the language of the policy; the policy
   exclusion for knowingly wrongful acts is ambiguous and must be
   construed against American Home; the court concludes the policy covers
   the actions in question, entitling Pope to indemnification from American
   Home; on remand the district court should consider whether the damages
   identified in the arbitration award were caused, in whole or part, by
   conduct other than that alleged in Pope's common law claim; if so, the
   district court should decide whether the other conduct is covered by the
   policy, and if covered, whether the damages are excluded by the policy.