164045P.pdf   06/28/2018  Federal Insurance Company  v.  Great American Insurance Co.
   U.S. Court of Appeals Case No:  16-4045
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Melloy, Author, with Gruender and Shepherd, Circuit Judges] 
   Civil case - Insurance. Plaintiff's insured's employee was guilty of gross 
   negligence when he repeatedly shot, and encouraged others to shoot, a 
   handgun in the general direction of a small lake in a residential area, 
   thereby resulting in a young girl's death; in making that determination, 
   the court could consider the employee's conviction for Reckless Killing 
   because the criminal conduct was finally determined through state court 
   criminal proceedings; because the conduct constituted gross negligence 
   under the relevant indemnity clause, defendant Great American was not 
   liable for the loss, and the district court erred in relying on the clause 
   to require Great American to indemnify Federal and Zurich; with respect to 
   the liability for the settlement amount and the question of the relative 
   priorities of the three insurers, the district court did not resolve the 
   issues, and the court determines that it would be best to remand the 
   matter and have the district court consider these matters in the first 
   instance.