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173567P.pdf 08/12/2019 RSUI Indemnity Company v. New Horizon Kids Quest, Inc.
U.S. Court of Appeals Case No: 17-3567
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Loken, Author, with Colloton and Kelly, Circuit Judges]
Civil case - Insurance. RSUI, an excess liability insurer that did not
control the defense of its insured in the underlying suit, must be
afforded an opportunity to prove in a subsequent coverage action that the
jury award in the underlying suit included damages for uncovered as well
as covered claims; if RSUI can sustain that burden, the district court
must allocate the award between covered and uncovered claims. Reversed and
remanded for further proceedings.