Executive Risk Specialty Insurance Company (ERSIC) appeals the district court's ruling, resolving cross-motions for summary judgment and declaring that ERSIC owed a duty to defend its insured, Capella University (Capella), against a federal lawsuit brought by one of Capella's former students. ERSIC ...
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The United States brought a civil action against Russell T. Hawley, an insurance agent, and his insurance company, Hawley Insurance, Inc. (collectively, “Hawley”), alleging violations of the False Claims Act (“FCA”), 31 U.S.C. § 3729(a)(1)-(3) (2006), amended by Fraud Enforcement and Recove...
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This appeal concerns Appellants' claims against Appellees Sunset Financial Services, Inc. ("Sunset") and Kansas City Life Insurance Company ("KCL") for damages arising out of a Ponzi scheme perpetrated by Bryan Behrens, a registered representative of Sunset and general agent of KCL. Appellants br...
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The dispute in this case involves the scope of coverage afforded by an Educator's Liability Policy.
Plaintiff-Appellant School Union 37 (SU 37)2 appeals the district court's dismissal on summary judgment of its claim asserting that Defendant-Appellee, United National Insurance Company (United Na...
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This diversity case involves the interpretation of the language in a commercial general liability insurance policy. We must address two principal issues: (1) the applicability to the accident at issue of an endorsement to the insurance policy that purports to exclude "any and all claims arising from...
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Great Rivers Habitat Alliance (Great Rivers) and the Adolphus A. Busch Revocable Living Trust (Busch Trust) (collectively, appellants) appeal the dismissal of their case for lack of jurisdiction. The district court found appellants failed to exhaust their administrative remedies before the Federal E...
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This appeal involves an insurance coverage dispute over the validity of an insurance policy AMCO Insurance Company issued to Beckon, Inc., insuring the latter's business operations as well as the building it occupied but did not own. The district court concluded the entire policy was void on the gro...
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Jacqueline and Alan Avritt appeal from the district court’s order denying class certification for a group of California residents who purchased fixed deferred retirement annuities from Northern Life Insurance Company (Northern) between 1992 and 2002. The Avritts maintain that Northern engaged in u...
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Dr. Antoine Khoury sought and obtained residual disability benefits from ReliaStar Life Insurance Company (ReliaStar), his employer’s long-term disability provider. After ReliaStar approved Dr. Khoury’s claim, the parties began to dispute the amount of benefits to which Dr. Khoury was entitled. ...
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Thomas Jones received long-term disability benefits under an employee welfare benefit plan governed by the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001-1461. The plan is administered by ReliaStar Life Insurance Company (“ReliaStar”) through ING Employee Benefits (...
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