St. Paul Fire & Marine Insurance v. Village of Franklin Park

EVANS, Circuit Judge.

In this suit for a declaratory judgment, St. Paul Fire and Marine Insurance Company contends that it had no duty to defend its insured, the Village of Franklin Park, Illinois, against a suit by firefighters claiming that the Village had, for decades, shortchanged their pension fund. The district court granted summary judgment for St. Paul, holding that the firefighters’ suit alleged intentional conduct rather than a “negligent act, error, or omission” that would be covered by the insurance policy.

This case, over which the district court had diversity jurisdiction, is…