Legal Opinion · Concurring in part, dissenting in part

Chicago Insurance v. City of Council Bluffs

Court of Appeals for the Eighth Circuit

Decided April 30, 2013No. 12-1918, 12-1922Published

1Concurring in part, dissenting in partBye, Circuit Judge

I agree the 1977-78 policy Columbia Casualty Company (Columbia) issued to the City of Council Bluffs provides coverage for the malicious prosecution claims brought by Curtis McGhee and Terry Harrington. I also agree the five special excess policies Columbia issued to the City between August 1977 and July 1982 do not provide coverage because the provisions in those policies are governed by our decision in Genesis Insurance Co. v. City of Council Bluffs, 677 F.3d 806 (8th Cir.2012). I disagree, however, with the majority’s conclusion that the two excess policies Chicago Insurance Company (CIC)…

2Cases cited14 opinions

  1. Twin City Pipe Line Co. v. Harding Glass Co.Supreme Court of the United States · 1931
  2. City Of Erie, Pennsylvania v. Guaranty National Insurance CompanyCourt of Appeals for the Third Circuit · 1997
  3. Thomas v. Progressive Casualty Insurance Co.Supreme Court of Iowa · 2008
  4. Walker v. American Family Mutual Insurance Co.Supreme Court of Iowa · 1983
  5. Grinnell Mutual Reinsurance Co. v. JunglingSupreme Court of Iowa · 2002

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