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.
123528P.pdf 11/18/2013 Charles E. Bethel, II v. Darwin Select Insurance Co.
U.S. Court of Appeals Case No: 12-3528
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Gruender, Author, with Beam and Shepherd, Circuit Judges]
Civil case - Insurance. District court did not err in determining
defendant had no duty to defend a claim against plaintiffs as the claim
fell within the "Customer Funds Exclusion" in the policy; the district
court's interpretation of the exclusion did not violate the "illusory
coverage" doctrine, the "reasonable expectations" doctrine or the
"innocent insured" doctrine; since the defendant insurer had no duty to
defend, the district court did not err in granting the insurer summary
judgment on plaintiffs' claims for breach of the implied contractual
duties of good faith and fair dealing.