173392P.pdf   12/06/2018  Robert Mau  v.  Twin City Fire Insurance Co.
   U.S. Court of Appeals Case No:  17-3392
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Gruender, Author, with Chief Judge Smith and Loken, Circuit 
   Judges] 
   Civil Case - diversity. District court properly granted summary judgment 
   to insurer, concluding Twin City owed no duty to defend Mau in his 
   capacity as director and officer of MW because no claims were brought 
   against him in that capacity and in any event the dual service exclusion 
   applied. Twin City owed no duty to defend EWS because the claims against 
   EWS for breach of contract and fraud are based upon the Agreement and 
   liability could not have been incurred in absence of the Agreement and, in 
   any event, the contract exclusion applied.