Richard Bendis, Robert H. Mann, Jr., John Pappajohn and W. Terrence Schreier v. Federal Insurance Company

SETH, Circuit Judge.

This appeal involves a declaratory judgment to determine the extent of coverage under a director and officer liability insurance policy. The trial court treated a motion to dismiss as a motion for summary judgment. Two questions are presented. First, whether the appellants made a claim against the appellee, Federal Insurance Company (Federal), during the policy period. Second, assuming a claim was validly made, whether the claim is barred under a specific policy exclusion. The trial court focused on the latter question and granted summary judgment in favor of Federal. We…