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.
121918P.pdf 04/30/2013 Columbia Casualty Co. v. Curtis W. McGhee
U.S. Court of Appeals Case No: 12-1918
and No: 12-1922
U.S. District Court for the Southern District of Iowa - Council Bluffs
[PUBLISHED] [Wollman, Author, with Bye and Benton, Circuit Judges]
Civil case - Insurance. For a statement of facts in the case, see Genesis
Insurance Co. v. City of Council Bluffs, 677 F.3d. 806 (8th Cir. 2012). In
a declaratory judgment action to determine coverage under various
insurance policies issued to the city, the district court did not err in
rejecting the City's request to consider extrinsic evidence regarding the
parties' intent or in denying the City's request for additional discovery on
extrinsic evidence; in Genesis, the court determined that for purposes of a
malicious prosecution action, the arrested persons' injuries occurred
when they were prosecuted and were not a continuing injury; as a result,
the policies, with one exception, were not in effect when the arrested
persons' injuries occurred; with respect to that policy, which was in effect
from August, 1977 to August 1978, when the charges were filed in the
arrested persons' criminal prosecution, the City was entitled to coverage
under the "reasonable expectations" doctrine. Judge Bye, concurring in
part and dissenting in part.