153324P.pdf   01/11/2017  Jerry's Enterprises, Inc.  v.  U.S. Specialty Insurance Co.
   U.S. Court of Appeals Case No:  15-3324
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Shepherd, Author, with Beam and Gruender, Circuit Judges] 
   Civil case - Insurance. Under the provisions of the directors' and 
   officers' liability policy defendant issued to plaintiff, the underlying 
   suit by a former director of the company and her daughters was an action 
   by an insured person (the former director) and the "insured v. insured' 
   exclusion of the policy applied to her claims; the district court 
   correctly determined that the exclusion applied to the daughters' claims, 
   as well, since the action was brought by their mother, the former 
   director, and any loss associated with the suit would be due to the 
   presence of a former director as an active participant; the policy's 
   allocation clause does not restore coverage for any part of the suit; 
   while there may be some tension between the insured v. insured exclusion 
   and the allocation clause, the insured v. insured exclusion speaks 
   directly to lawsuits brought with the participation of insured persons 
   while the allocation clause only speaks generally to any claim brought 
   with covered and uncovered matters; under Minnesota law, specific contract 
   language controls over general language, and the insured v. insured clause 
   controls.